A\i APHCO10331562025 EHE] ERE]RE IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO.. 6936 OF 2025 Between: 1. Kondrothu Baburao, s/o. Bangaral-ah, aged. 70 years, R/o. H.No.20C-1- 27, GandhI' Nagar, Bosu Sibiram Road, Vangayagudem, Eluru, West Godavari District -534002. 2. Kondrothu venkateswara Rao, S/o. Bangaraiah, aged. 64 years, R/o. H.No.20C-7-13, Powerpeta, 12 Pampula Center, Venkatarao peta, Eluru, West Godavari Dl®strI-Ct -534002. 3. Eli alias Eeli Leela Krishna Kishore, S/o. Venkata Satyanarayana, aged. 57 years, R/o. H.No.20C-1-27, 42nd Division, Bosu Sibiram Road, Kothapeta, Eluru, West GodavarI' Distrl'ct -534002. 4. Gudidesi srinivasarao, s/o. pandurangarao aged. 57 years, R/o. H.No.20C-1-29, Bosu SibI'ram Road, 12 Pampula Center, Gandhinagar, vangayagudem, EIuru, West Godavari Dl-strict -534002. ..Petitioners/Accused . AND 1. The State of Andhra Pradesh, Rep. by its Station House Officer, Eluru I Town Police station. Through PublI-C Prosecutor, High Court of Andhra Pradesh at Amaravati -\. •'`\ iiiEiiiiiiiiiiEEI E / i 2. Revuri Kanakadurga, W/o. Jagadeesh, aged. 59 years, R/o, D.No.7A-9- 54/1, Yelakkayala Sandu, Southern Street, Eluru, Eluru District,I Andhra Pradesh. ...Respondent/Defacto 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 expedite the Proceedings in Charge-Sheet in Cr.No.126 of 2013, pending before the Court of the ll Additional Judicial First-Class Magistrate, E[uru. counsel for the Petitioners: SRI IVIADHAVA RAO NALLURI counsel for the Respondent No.1 : PUBLIC PROSECUTOR counsel for the Respondent No.2: ---- The Court made the follow-lng ORDER: -. APHCO10331562025 E]HE] . [Ei-i_. +E IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N \ \ \ ~ CRIMINAL PETITION NO: t 6936/2025 [3457] fu Betwee n : 1.KONDROTHU BABURAO, S/O. BANGARAIAH, AGED. 70 YEARS, R/O. H.NO.20C-1-27, GANDHI NAGAR, BOSU SIBIRAM ROAD, VANGAYAGUDEM, ELURU, WEST GODAVARI DISTRICT -534002. 2.KONDROTHU VENKATESWARA RAOH S/O, BANGARAIAH, AGED. 64 YEARS, R/O. H.NO.20C-7-13, POWERPETA, 12 PAMPULA CENTER, VENKATARAO PETA, ELURU, WEST GODAVARI DISTRICT -534002. 3.ELI ALIAS EELI LEELA KRISHNA KISHOREH S/O. VENKATA SATYANARAYANA, AGED. 57 YEARS, R/O. H.NO.20C-1-27, 42ND DIVISION, BOSU SIBIRAM ROAD, KOTHAPETA, ELURU, WEST GODAVARI DISTRICT -534002. 4.GUDIDESI SRINIVASARAOu S/O. PANDURANGARAO AGED. 57 yEARS, R/O. H.NO.20C-1-29, BOSU SIBIRAM ROAD,12 PAMPULA CENTER, GANDHINAGAR, VANGAYAGUDEM, ELURU, WEST GODAVARI DISTRICT -534002. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS STATION HOUSE OFFICER, ELURU I TOWN POLICE STATION. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVAT I ` 2.REVURI KANAKADURGA, W/O. JAGADEESH, AGED. 59 YEARS, i:I(¢'- R/O. D.NO.7A-9-54/1, YELAKKAYALA SANDU, SOUTHERN STREET, ELURU, ELURU DISTRICT, ANDHRA PRADESH. H.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 expedite the proceedings in charge-sheet in Cr.No.126 of 2013, pending before the Court of the lI Additional Judicial First-Class Magistrate, Eluru, and pass Counsel for the Petitioner/accused(S): 1. MADHAVA RAO NALLURI Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 3 .I The Court made the follow-lng Order: Learned counsel for the Petitioners Submits that the Petit'lOnerS Were ®lnitially alleged to have committed OffenCeS under Sections 354, 506, 323, 447 read with 34 of IPC in Cr'lme No.126 of 2013. It is submitted that the police after investigation have referred the complaint as false in nature and also filed the final report. 2. Learned counsel for the Petitioners Submits that the final report was submitted on 29.08.2013. Thereafter, the 2nd respondent has not taken up any further steps, such as filing a protest petition or approaching the court to challenge the sa'ld final report. 3. Learned counsel for the Petitioners Submits thall the learned principal Junior Civil Judge, EIuru, who is also the FAC/ll Addit'IOnal Judicial First Class Mag'lstrate, Eluru, has kept the final report pending aS notice On the '2nd respondent Was not yet been Served. The police after filing final report would have furnished the copy to the de-facto complainan{. lt is left open for the de-facto complainant to file a protest petition before the Magistrate Court if aggrieved by the report submitted by the police. lt is further subm'ltted that six ` I --I_-_-- of the w®ltnesses have been examined by the police and none of them could substantiate any of the allegations aga'lnst the pet-ltioners. 4. The docket order dated 02.04.2024 would indicate that the POliCe have filed the f'lnal report along with the notice on the de-facto complainant, and the learned Magistrate further directed the POliCe tO Serve the notice On the de-facto compla|Inant. 5. Considering the submissions, once the police have filed the final report duly serving the copy on the de-facto complainant, and when the alleged complaint is of bodily harm and involvement of property, it is for the de-facto complainant to take steps in accordance with law by filing a protest petition. A case which was closed in the year 2013 cannot be reopened at this belated stage. 6. On these grounds, the learned Magistrate is directed to take on record the final report submitted by the police in Crime No.126 of 2013 of Eluru I Town Police Station and pass necessary orders duly closing the case. 7. Accordingly, the Criminal Petition is allowed. 8. Pending miscellaneous petitions, if any, shai! stanc! closed. Sd/-SHAIK MOHD. RAFI ASSISTANT REGISTRAR llTF`UE COPYll Fgr#gr SECTION OFFICER 1. The l[ Additional Judicial First-Class Magistrate, Eluru. 2. The Station House Officer, Eluru I Town Police Station. 3. One CC to Sri. Madhava Rao Nallu'ri, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 5. Two CD Copies Chp Vna To, `.. I '\€' ~®+-+ \. . .-`'.i .tl,. . I.{l ,`u6i. i ck. ..I •\,, I,.;,i ?i .: ;.-.:. ',1'. . .: ` ` l-_'.L`=}...` ir. '.`,.+l\ ut ~= i '` `, : =\: .```=+:`-- f=.:-+'-'.'-'I,,-.-i,, r+..-.it i:+` `Fr rrfungl. HIGH COURT DATED :08/07/2025 ORDER CRLP NO. 6936 OF 2025 ALLOWING THE CRIIVIINAL PETITION