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2025 DAILYLAW 23478 (AP)

SHAIK NOORJAHAN v. THE STATE OF ANDHRA PRADESH

CRLP/6874/2025 · 2025-07-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V APHC010331742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6874 OF 2025 Between: 1. Shaik Noorjahan (A-1), W/o.Shaik Mohiddin Basha, Aged 44 years, R/o.25/201, Shanthakumari Street, Vasanthapeta, Proddatur, YSR Kadapa District, Andhra Pradesh. 2. Shaik Ibrahim (A-2), S/o.Abdul Razak, aged 56 years R/o.11-382, Bidala Mitta, College Road, Vempalle Town and Mandal, YSR Kadapa District, A.P. 3. Shaik Ibrahim (A-3), S/o.Shaik Kamala Basha, Aged 36 R/o.9/633, Garugu Street, Vempalle Town and Mandal, YSR Kadapa District, A.P. years. 4. Shaik Kamal Basha (A-4), S/o.Shaik Masthan Saheb, aged 72 years R/o.6-33, Garugu Veedhi, Vempalle Town and Mandal, YSR Kadapa District, Andhra Pradesh. ...Petitioners/A-1 to A-4 AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court, Amaravathi. 2. Sayyad Pula Nizamuddin, S/o.Late Mohammad Ghouse, Aged 39 years, Occ: Lecturer R/o.25/424, Rameswaram Road, Proddatur Town, YSR Kadapa District, A.P. ...Respondents 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 proceedings in FIR No.208/2025 of Vempalle Police Station, YSR Kadapa District, Andhra Pradesh lA 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 dispense with the filing of certified copy of FIR No.208/2025 of Vempalle Police Station, YSR Kadapa District, Andhra Pradesh pending disposal of the above CrI.P. lA NO: 2 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 in FIR No.208/2025 of Vempalle Police Station, YSR Kadapa District, Andhra Pradesh pending disposal of the above CrI.P. Counsel for the Petitioners: SRI D KODANDARAMI REDDY Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI APPA RAO The Court made the following Order: ¥ APHC010331742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6874/2025 Between: 1.SHAIK NOORJAHAN, W/O.SHAIK MOHIDDIN BASHA AGED 44 YEARS, R/O.25/201 STREET PRODDATUR, YSR KADAPA DISTRICT ANDHRA PRADESH 2.SHAIK IBRAHIM (A-2), S/O.ABDUL RAZAK, AGED 56 YEARS R/0.11- VEMPALLE TOWN AND SHANTHAKUMARI VASANTHAPETA, 382, BIDALA MITTA, COLLEGE ROAD MANDAL YSR KADAPA DISTRICT, AP 3.SHAIK IBRAHIM (A-3), S/O.SHAIK KAMALA BASHA AGED 36 YEARS, R/0.9/633, GARUGU STREET VEMPALLE TOWN AND MANDAL YSR KADAPA DISTRICT, AP 4.SHAIK KAMAL BASHA (A-4), S/O.SHAIK MASTHAN SAHEB, AGED 72 YEARS R/0.6-33, GARUGU VEEDHI VEMPALLE TOWN AND MANDAL, YSR KADAPA DISTRICT ANDHRA PRADESH ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR HIGH COURT, AMARAVATHI. 2.SAYYAD PULA NIZAMUDDIN, S/O.LATE MOHAMMAD GHOUSE, AGED 39 YEARS, OCC LECTURER R/0.25/424, RAMESWARAM ROAD PRODDATUR TOWN, YSR KADAPA DISTRICT, AP ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1.D KODANDARAMI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER:- The learned counsel for the petitioners submits that the petitioners are arraigned as accused Nos.1 to 4 in Crime No.208 of 2025 on the file of the Vempalle Police Station, YSR Kadapa District. 2. The 2"^ respondent has filed a complaint alleging that the 1®‘ petitioner had committed theft of a registered deed relating to land admeasuring 2625 square yards and that she has made a third party liable in respect of the same. He also mentioned in the complaint that the petitioner had earlier filed Crime No.200 of 2008, alleging an offence under Section 498-A of IPC against her husband and his family. The husband of the petitioner has passed away. The petitioner has also filed O.S.No.16 of 2023 seeking declaratory relief to declare the gift deed dated 08.06.2009 as null and void. The said suit is pending consideration. Now a criminal complaint is filed and the property referred to in the 3. complaint is same as the schedule property in O.S.No.16 of 2023. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State and Sri Appa Rao, learned counsel for the 2'^'^ respondent. 4. Considering that the dispute between the petitioners and the 2'^'^ respondent as civil in nature, this Court is inclined to dispose of the criminal petition, directing the Station House Officer, Vempalle Police Station, 5. 3 YSR Kadapa District to complete investigation, without taking any coercive steps against the petitioners, as made clear that this order shall not preclude the filing a charge sheet/final report before the expeditiously as possible. However, it is Investigating Officer from competent Court. 6. Accordingly, this Criminal Petition is disposed off. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Vempalle Police Station, YSR Kadapa District. 4 ' 2. One CC to Sri D Kodandarami Reddy Advocate [OPUC] 3. One CC to Sri Appa Rao Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Two CD Copies SAM vna HIGH COURT DATED:07/07/2025 ORDER CRLP No. 6874 of 2025 X ft m ,2025 ^ Curreni section Co, DISPOSING OF THE CRLP