A APHC010323642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6648 OF 2025 Between: K. Narendra Reddy, S/o. Late K. Ravichandra Reddy Aged about 44 years, Occ; Business, R/o. H.No. 1-750, Rurdrampet, Anantapur, Anantapur District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Nelapadu, Amaravati, through the Station House Officer, Kanekal P.S., Anantapur District. ...Respondent 2. Y Seshappa, Y.Seshappa, S o. Late Y. Narayanappa, Aged about 65 years, Occ: Cultivation, R/o. OC Colony, Sollapuram Village, Kanekal Mandal, Anantapur District. ...Respondent/Defacto Complainant Petition under Section 482 of Cr.P.C and 528 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No. 49 of 2025 dated 17.06.2025, on the file of Kanekal Police Station, Anantapur District against the petitioner herein. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense the certified copy of FIR in Crime No. 49 of 2025 dated 17.06.2025, on the file of Kanekal Police Station, Anantapur District, pending disposal of the criminal petition. lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS 2023, 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 including appearance of the petitioner/Accused in Crime No. 49 of 2025 dated 17.06.2025, on the file of Kanekal Police Station, Anantapur District., pending disposal of Criminal Petition. Counsel for the Petitioner: Sri K Narsi Reddy Counsel for the Respondent No.1: Public Prosecutor Counsel for the Respondent No.2: None Appeared The Court made the following: APHC01fl323642O25 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6648/2025 Between: 1.K. NARENDRA REDDY,, S/O. LATE K. RAVICHANDRA REDDY AGED ABOUT 44 YEARS, OCC- BUSINESS, R/0. H.NO. 1-750, RURDRAMPET, ANANTAPUR, ANANTAPUR DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT NELAPADU, AMARAVATI, THROUGH THE STATION HOUSE OFFICER, KANEKALP.S., ANANTAPUR DISTRICT. 2.Y SESHAPPA, Y.SESHAPPA, S O. LATE Y. NARAYANAPPA OCC CULTIVATION, R/0. OC SOLLAPURAM VILLAGE, COLONY, KANEKALMANDALANANTAPUR DISTRICT. 3.Y SESHAPPA, S/O. LATE Y. NARAYANAPPA, AGED ABOUT 65 YEARS, OCC CULTIVATION, R/0. OC SOLLAPURAM VILLAGE, KANEKALMANDALANANTAPUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): COLONY, 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 Courtmay be pleased to quash the proceedings in Crime No. 49 of 2025 dated 17.06.2025, on the file of Kanekal Police Station, Anantapur District against the petitioner herein and to pass 2 HN, J Crl.P.No.6648 of 2025 lA 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 may be pleased to dispense the certified copy of FIR in Crime No. 49 of 2025 dated 17.06.2025, on the file of Kanekal Police Station, Anantapur District, pending disposal of the criminal petition, and pass 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 may be pleased to grant stay of all further proceedings including appearance of the petitioner/Accused in Crime No. 49 of 2025 dated 17.06.2025, on the file of Kanekal Police Station, Anantapur District., pending disposal of Criminal Petition, and to pass Counsel for the Petitioner/accused; 1.KNARSI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following; 3 HN, J Crl.P.No.6648 of 2025 ORDER: Learned counsel for the petitioner submitted that the petitioner is arraigned as accused in Crime No.49 of 2025 on the file of the Kanekal Police Station, Anantapur District, for offences under Sections 316 (5), 318 (3) and 351 (2) of the BNS Act. Learned counsel contended that, prima facie, the ingredients of Section 316 (5) of the BNS Act are not made out even on the face of the complaint. Learned counsel submitted that the Union Bank of India had filed suit OS No.99 of 2020 on the file of the learned Junior Civil Judge, Raydurg, Anantapur District, wherein the plaint clearly stated that the Bank advanced a loan by creating a lien over paddy stored in the petitioner’s godown. The 2'^'^ respondent was arraigned as the 1®^ defendant in that suit, which resulted in a decree against the 2'''' respondent and another party. 2. Learned counsel argued that, in order to falsely implicate the petitioner, the 2"^^ respondent lodged a malicious complaint in 2025 concerning a loan allegedly obtained in 2017. 3. Having considered these submissions, and heard learned Assistant Public Prosecutor for the 1®‘ respondent-State, it is directed that the Station House Officer, Kanekal Police Station, Anantapur District, shall proceed with the investigation, including 4. 4 HN, J Crl.P.No.6648 of 2025 a thorough prima facie assessment as to whether the offence under Section 316 (5) of the BNS Act is made out. However, no coercive measures shall be taken against the petitioner during the pendency of the investigation. This direction does not preclude the investigating officer from filing a final report or charge sheet upon completion of the investigation. 5. With the above observations and directions, the present Criminal Petition is disposed off. 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER J 1. The Civil Judge (Junior Division), Rayadurg, Ananthapur District. 2. The Station House Officer, Kanekal Police Station, Ananthapur District. 3. One CC to Sri K Narsi Reddy, Advocate [OPUC] 4. Two CC's to The Public Prosecutor. High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies To SAM sree f ✓ HIGH COURT DATED:01/07/2025 ORDER CRLP No. 6648 of 2025 SMS JIJL/ is4<i!rr»ntSec ■'->^555 ^5^ DISPOSING OF THE CRLP