THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE 2 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N % CRIMINAL PETITION NO: 5359 OF 2025 Between: K. Giddaiah, S/o K.Lakshmi Narayana, R/o Peddapadu Village, Kallur Mandal, Kurnool District ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT 2. K.Anjaneyulu, MCA, Tahsildar, Kallur Mandal, Kurnool District. ...RESPONDENT/DE-FACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the entire proceedings in F.I.R.No.135 of 2024 on thefile of K.Nagalapuram Police Station, Kurnool, dated 30.12.2024, against the Petitioner herein for the offences under Section 223 of the Bharatiya Nyaya Sanhita, 2023, as against the Petitioner herein / Accused, in the interest of equity and justice I.A. NO; 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to grant stay of all further proceedings, as against the Petitioner herein / Accused, including the arrest of the Petitioner herein / Accused in F.I.R.No.135 of 2024 on the file of K.Nagalapuram Police Station, Kurnool, dated 30.12.2024, against the Petitioner herein for the offences under Section 223 of the Bharatiya Nyaya Sanhita, 2023 pending disposal of the above Criminal Petition This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vivekananda Virupaksha Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following :Order 1 HNJ Crl.P.No.5359 2025 APHC010259072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5359/2025 Between: K. Giddaiah ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.5359 2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the petitioner is arraigned as an accused in C.C.No.135 of 2024, alleging an offence under Section 223 of the BNS, 2023, 2. It is submitted that, for invocation of the provisions of Section 223, there must be an order which promulgated by the Mandal Executive Magistrate, and such order must be flouted by the petitioner. Attention of the Court is drawn to the proceedings RCB No.538.2022 dated 12.12.2023. The said proceedings, though styled as an order under Section 145 of the Cr.P.C, direct the parties to the litigation to attend the office of the Tahsildar, Kallur Mandal, at Kurnool City, either in person or through a Pleader, on 22.12.2023 at 11:00 AM and to submit their written statements regarding their claims on the fact of actual possession of the land in dispute. \ 3. The proceedings dated 12.12.2023 cannot be considered as an order within the meaning of Section 223 of the BNS, and therefore, the complaint registered against the petitioner, alleging violation of the order dated 12.12.2023, cannot be sustain. 4. Considering the submissions and also relevant provisions of law, it is evident that the allegation of an offence under Section 223 of the BNS can be sustained only if the procedure as contemplated under Section 215 of the BNSS is followed. In the present case, such procedure has not been followed 3 HN, J Crl.P.No.5359 2025 On these considerations, this Court is inclined to quash Crime No.135 of 5. 2024. Accordingly, the Criminal Petition is disposed off. 6. As a sequel, pending miscellaneous petitions, if any, shall^and closed. SD/-N NAGAMMA ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Statiorr House Officer K.Nagalapuram Police Station, Kurnool 2. One CC to Sri. Vivekananda Virupaksha, Advocate [OPUC] 3. Two CCs to The Public Prosecutor, High Court of AP [OUT] 4. Three CD Copies V X 1 HIGH COURT DATED :09/05/2025 ORDER CRLP.No.5359 of 2025 ^ 2« SfP 2!l?5 m: o Current Secuon DISPOSING THE CRLP