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2025 DAILYLAW 22724 (AP)

Battineni Dasaradha Ramaiah, v. The State of Andhra Pradesh,

CRLP/6607/2025 · 2025-07-01

Harinath N

body2025

Judgment text

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APHC010319502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: fiR07 Qp 2fl7S Between: 1. Battineni Dasaradha Ramaiah, S/o Subramanyam 10-130/1, Sri Nagar Colony, r Manglagiri, Guntur District, Andhra Pradesh. 2. Battineni Anitha, W/o Dasaradha Ramaiah, 130/1, Sri Nagar Colony, Battineni Vari Street Guntur District, Andhra Pradesh. 3. Battineni Poorna Sai Vignesh years, R/o 10-130/1, Yerrabalem, Manglagiri, Guntur District 4. Battineni Subramanyam, S/o Venkateswarlu, 412, Industrial Area, Andhra Pradesh. Aged 45 years, R/o Battineni Vari Street, Yerrabalem Aged 38 years, R/o 10- Yerrabalem, Manglagiri, S/o Dasaradha Ramaiah Aged 20 Vari Street, Sri Nagar Colony, Battineni Andhra Pradesh. Aged 80 years, R/o 11- Guntur District, Yerrabalem, 5. Battineni Sambrajyam, S/o Subramanyam, Aged 74 years, R/o 11- 412, Industrial Area, Yerrabalem Andhra Pradesh. 6. Aiapati Venkateswara Rao. S/o Govindha Swamy, Aged 64 Door No. 16-8-40, Poieramma Tample Vaddavalli District, Andhra Pradesh. Manglagiri Manglagiri, Guntur District, years, R/o Sattenapalli, Guntur 7. Battineni Mani Kanta Rakesh, S/o. Battineni Dasaradha Ramaiah, Aged 19 years, R/o 10-130/1, Sri Nagar Colony, Battineni Vari Street, Yerrabalem, Manglagiri, Guntur District, Andhra Pradesh ...PETITIONERS/ACCUSED AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh. [Pedakakani Police Station, Guntur District]. 2. Bandlamudi Pothuraju, S/o Mallikarjuna Rao, Aged 45 years, Yerrabalem Village, Manglagiri Mandal, Guntur District, Andhra Pradesh. ...RESPONDENTS 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 to call for the records relating to and in connection with FIR No. 150 of 2025, dated 05.04.2025 on the file of the Mangalagiri Rural Police Station, Guntur District and to quash the same. lA 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 to stay of all further proceedings FIR No. 150 of 2025, dated 05.04.2025 on the file of the Mangalagiri Rural Police Station, Guntur District. Counsel for the Petitioners : SRi. V.SAI KUMAR, ADVOCATE Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 : SRI SRINIVASA RAO NARRA, ADVOCATE The Court made the following ORDER: /./• /V ,-7 1 HNJ Crl.P.No.6607 2025 APHC010319502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6607/2025 Between: 1.BATTINENI DASARADHA RAMAIAH,, S/0 SUBRAMANYAM, AGED 45 YEARS STREET, YERRABALEM ANDHRA PRADESH. R/0 10-130/1, SRI NAGAR COLONY, BATTINENI VARI MANGLAGIRI, GUNTUR DISTRICT, 2.BATTINENI ANITHA,, W/0 DASARADHA RAMAIAH, AGED 38 YEARS, R/0 10- 130/1, SRI NAGAR COLONY, BATTINENI VARI STREET, YERRABALEM, MANGLAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3.By^TTINENI POORNA SAI VIGNESH,, S/0 DASARADHA RAMAIAH, AGED 20 YEARS, R/0 10-130/1, SRI NAGAR COLONY, BATTINENI VARI STREET, YERRABALEM, MANGLAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 4.BATTINENI SUBRAMANYAM,, S/0 VENKATESWARLU, AGED 80 11-412, INDUSTRIAL AREA, YERRABALEM, YEARS, R/0 MANGLAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 5.BATTINENI SAMBRAJYAM,, S/0 SUBRAMANYAM, AGED 74 YEARS R/0 11- 412, INDUSTRIAL AREA, YERRABALEM, MANGLAGIRI GUNTUR DISTRICT, ANDHRA PRADESH. 6.ALAPATI VENKATESWARA RAO,, S/0 GOVINDHA SWAMY, AGED R/0 DOOR NO. 16-8-40, POLERAMMA TAMPLE GUNTUR DISTRICT, ANDHRA 64 YEARS VADDAVALLI, SATTENAPALLI, PRADESH. ^■BATTINENI RAMAIAH, BATT/Me/sji ^'STRICT, ANDHRA ^<'^P-No.66Q7_2025 *™ mmsH - STrS''J “ s/0. BATTINENI I SRI NAGAR ^^nglagiri^ ■■■PETITIONER/accUSED(S) dasaradha COLONY, GUNTUR and r--- BV .3 SS '^BDAKAKANfpouce’ SlCT ^ STAT/ON, GUNTUR 2.BANDLAMUDI POTHiid/i S/0 '^^LLIKARjuna ^^LLAGE '^anglag/ri PRADESH. RAO, aged 45 MANDAL ^ GUNTUR rl„ T' '■®“'-ds dated 05.04.2025 District and to Rstitlon praying that Criminal relating to ‘fie file of the same lANOmoF under Sectio in the cl Petition, ' end in;="“SH=r “onection with FIR w T ^'^angalagiri Rural Pai- °f 2025 and pas P°''ce Station. to call on quash 2^ Petition under g=ssss=-- praying that in the s of Criminal Petiti ulspensewith dated 05.04.2025 D/sthct before on,the ^'iing of the on the file of this Hon’ble to ^ficl pass !^0: 2 np Court 20^ of Cr.P.c end 528 of BNS9 orandum Of Ground ® may be pleased s of r m 'he to // 3 HNJ Crl.P.No.6607 2025 's / FIR No. 150 of 2025, dated 05.04.2025 on the file of the Mangalagiri Rural Police Station, Guntur District and pas / Counsel for the Petitioner/accused(S): 1.V SAI KUMAR Counsel for the Respondent/complainant{S): 1. SRINIVASA RAO NARRA 2. PUBLIC PROSECUTOR // / 4 /- HN,J Crl.P.No.6607 2025 The Court made the following Order: I The petitioners are arraigned as accused in FIR No.150 of 2025, on the 1. 1 i file of Mangalagiri Police Station, Guntur District, for the alleged offence under Sections 318(4), 351(3) r/w 3(5) of the BNS, 2023. Learned counsel for the petitioners submitted that the 1®* petitioner has respondent and others for declaration of title and cancellation of sale deed registered on the names of the defendants therein. 2. nd filed a suit against the 2 nd respondent has now filed false complaint alleging various offences. The 2 However, the dispute revolves around the land admeasuring an extent of 193 sq. yards, which is also forming part and parcel of the schedule of the property in O.S.No.76 of 2024. Learned counsel for the petitioner submitted that the civil proceedings are now given a criminal flavor and false complaint is filed. It is also submitted that the petitioner is a student and he also made as co-accused only to harass. Considering the submissions that the offences alleged against the 3. petitioners are all below seven years, it is left open for the Station House Officer to complete investigation by duly taking into consideration the civil dispute nd respondent and file a final pending between the petitioners and the 2 report/charge sheet by following the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”). Accordingly, the Criminal Petition is disposed off. 4. V •r 5 HN,J Crl.P.No.6607 2025 As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR 0r //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Mangalagiri Rural Police Station, Guntur District. 2. One CC to Sri V.Sai Kumar, Advocate [OPUC] 3. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor, High Court of A.P at Amaravathi [OUT] 5. Three CD Copies GPC TAG * \ high court DATED; 02/07/2025 \ ORDER ORLP NO. 6607 OF 2025 Cj "s■S\' I ?JSE^ 2025 m, ^ . Current Section . *5^ X;4^spatch|SJ^^ disposing of this CRIIMINAL petition