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2025 DAILYLAW 21951 (AP)

Devarashetti Saidarao v. State of Andhra Pradesh

CRLP/6436/2025 · 2025-06-29

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010310052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6436/2025 Between: 1. DEVARASHETTI SAIDARAO, S/O VENKATA KOTESWARA RAO, AGED ABOUT 48 YEARS/O. 4-5-71 GOPI REDDY BAZAR SATTENAPALLI STATE BANK OF INDIA BACK SIDE AREA, SATTENAPALLI, GUNTUR DISTRICT. 2. DEVARASETTY LEELAVATHI,, W/O DEVARASHETTI SAIDARAO, 4-5-71 GOPI REDDY BAZAR SATTENAPALLI, GUNTUR DISTRICT. 3. K. VENKATA RAMANA, S/O. GURU MURTHI, 2-1-15/3. SATTENAPALLI ROAD, NEAR CLOTH MARKET NARASARAOPET GUNTUR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, THROUGH S.H.O, SATTENAPALLI POLICE STATION REP BY ITS REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT. 2. DEVARASETTY NAGAMANI, W/O S.S MURALI MOHAN, AGED 54 YEARS, R/O VAJRA TOWERS, FLAT NO. 104, RAMIREDDY PETA, NARASARAOPET, PALNADU 2 DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High CourtPleased to quash the FIR No. 101/2025, dated 15/05/2025, on the file of Sattenapalli Police Station, and pass IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing of the certified copy of the Complaint FIR No. 101/2025 dated 15/05/2025, on the file of Sattenapalli Police Station Palanadu District, and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased to grant interim stay of all further proceedings in FIR No. 101/2025, dated 15/05/2025, on the file of Sattenapalli Police Station, pending disposal of the above criminal petition and pass Counsel for the Petitioner/accused(S): 1. THOKA DEVA DEEPAK ANIRUDH YADAV Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following order: Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. 2. Learned counsel for the petitioners submitted that the petitioners are arraigned as accused Nos.1 to 3 in Crime No.101 of 2025, dated 15.05.2025, for alleged offence under Sections 336(2), 336(3), 338, 340(2), 329(3), 324(4), 351(2), 79, 3(5) of BNS. Learned counsel for the petitioners submitted that the allegation against the petitioners is that the petitioners have trespassed into the property of the 2nd respondent and that the 2nd respondent was also threatened of dire consequences. It is also alleged that the polls erected by the 2nd respondent were also demolished by the petitioners by trespassing. 3. Learned counsel for the petitioners submitted that the mother-in-law of the 2nd respondent executed an agreement of sale with possession in the year 2007 to the mother of the 1st petitioner and that the same is now disputed by the 2nd respondent. The allegation with regard to the fabrication of the said agreement of sale, which is pertaining to the year 2007, has now been complained by the 2nd respondent. 4 4. Considering the nature of allegation and after hearing learned Assistant Public Prosecutor, the SHO, Sattenapalli, is directed to complete the investigation without taking any coercive steps against the petitioner. 5. Accordingly, the Criminal Petition is disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 30.06.2025 ANS 5 247 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6436/2025 Date: 30.06.2025 ANS