APHC010350912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7265 OF 2025 Between: 1. Garikina Yelmaji, W/o G.Narsinga Rao aged about 43 years, R/o D. No. 9- 196, Rushikonda, Visakhapatnam. 2. Garikana Narasinga Rao,, S/o Narasamma, aged about 50 years, R/o D. No. 9-196, Rushikonda Village, Visakhapatnam. ...PETITIONERS / ACCUSED NO’S 3 & 4 AND 1. State of Andhra Pradesh, Represented by its Public Prosecutor, Nelapadu, Amaravathi, Guntur District. Through Inspector of Police, P.M Palem Police Station, Visakhapatnam. 2. Lalam Sudhakar Naidu, S/o Satyanarayana, Aged about 60 years, Tahsildar, Visakhapatnam Rural, Vishakapatnam. ...RESPONDENTS / DE-FACTO COMPLAINANT 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 to pleased to quash the C.C.L.G. No. 8 of 2019 pending on the file of the Court of Principal Civil Judge (Junior Division) Cum Special Court For Land Grabbing Cases At Visakhapatnam against the Petitioners/Accused No.’s 3 & 4. 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 against the Petitioners /Accused No’s. 3 & 4 in C.C. L.G.No.8 of 2019 pending on the file of the Court of Principal Civil Judge (Junior Division) on Cum Special Court For Land Grabbing Cases At Visakhapatnam. Counsel for the Petitioners ; CKR ASSOCIATES Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following ORDER : 1 APHC010350912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7265/2025 Between; 1.GARIKINA YELMAJl, W/0 G.NARSINGA RAO AGED ABOUT 43 YEARS, R/0 D. NO. 9-196, RUSHIKONDA, VISAKHAPATNAM. 2.GARIKANA NARASINGA RAO,, S/0 NARASAMMA, AGED ABOUT 50 R/0 D. NO. 9-196, RUSHIKONDA VILLAGE, YEARS VISAKHAPATNAM. ...PETITIONER/ACCUSED(S) AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, NELAPADU, AMARAVATHI, GUNTUR DISTRICT. THROUGH INSPECTOR OF POLICE, P.M PALEM POLICE STATION, VISAKHAPATNAM. 2.LALAM SUDHAKAR NAIDU, S/0 SATYANARAYANA, AGED ABOUT TAHSILDAR, VISAKHAPATNAM RURAL, 60 YEARS, VISHAKAPATNAM. ...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 Court pleased to quash the C.C.L.G. No. 8 of 2019 pending on the file of the Hon'ble Court of Principal Junior Civil Judge Cum Special Court For Land Grabbing Cases At Visakhapatnam against the Petitioners/Accused No.’s 3 & 4 and pass such other order or orders. 2 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 to DISPENSE WITH the filing of Certified Copy of C.C. L.G.No.8 of 2019 pending on the file of the Hon'ble Court of Principal Junior Civil Judge Cum Special Court For Land Grabbing Cases At Visakhapatnam against the Petitioners/Accused No’s. 3 & 4 and pass such other order or orders. 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 against the Petitioners /Accused No’s. 3 & 4 in C.C. L.G.No.8 of 2019 pending the file of the Hon'ble Court of Principal Junior Civil Judge Land Grabbing Cases At Visakhapatnam and pass such other order orders. Counsel for the Petitioner/accused{S): 1.CKR ASSOCIATES Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: Cum Special Court For on or ORDER: Heard learned counsel for the petitioners and learned Assistant Public Prosecutor representing the respondent-State. 2. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court has quashed the proceedings initiated against the petitioner / A2 in C.C.L.G.No.8 of 2019 the file of learned Principal Junior Civil 3 f* Judge-cum-Special Court for Land Grabbing Cases At Visakhapatnamvide order dated 29.03.2025 passed in Criminal Petition No.6540 of 2021. Learned counsel would further submit that the petitioners herein, who are accused Nos.3 and 4 in the said proceedings, are also on the same footing to that of accused No.2 and prays to quash the proceedings against the petitioners herein. Learned Assistant Public Prosecutor would submit that the Court may 3. pass appropriate orders. For ready reference, the observations made by the Coordinate Bench of 4. this Court relating to A2 in Criminal Petition No.6540 of 2021, dated 29.03.2025, are as follows: “5. When this Court in W.P.No.6394 of 2017, considered the land as “Gramakantam” land and represented that the same cannot be classified as Government land, the complaint filed by the 2 respondent on 11.05.2017, ought not have been taken by the SHO, P.M. Palem Police Station. That apart, it is not in dispute that the judgment passed in W.P.No.6394 of 2017 has attained finality, as no writ appeal is filed questioning the said order by the State. The 2”^ respondent/de-facto Complainant in the present case is 3 respondent In the said writ petition. Having accepted the finding of this Court, the 2'^^ respondent ought to have brought to the notice of the SHO, P.M. Palem Police Station. 6. Taking the submission into consideration and the judgment of this Court passed in Crl.P.Nos.2199 and 2525 of 2012, the criminal proceedings initiated against the petitioner/A2 in C.C.LG.No.8 of2019, on the file of Principal Junior Civil Judge Cum Special Court For Land Grabbing Cases, Visakhapatnam, are hereby quashed.” nd fd 4 in the light of the order passed by the Coordinate Bench of this Court relating to A2 in Criminal Petition No.6540 of 2021, dated 29.03.2025, the 5. Criminal Petition is allowed quashing the case against the petitioners / A3 and A4. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Cum Special Court For Land 1. Principal Civil Judge (Junior Division) on Grabbing Cases At Visakhapatnam. Inspector of Police, P.M Palem Police Station, Visakhapatnam. 2. The 3. OneCCto CKR Associates, Advocate [OPUC] Prosecutor, High Court of Andhra Pradesh at 4. Two CCs to Public Amaravathi [OUT] 5. Two CD Copies PR TAC « HIGH COURT DATED:14/07/2025 I fftWws g Curreni iectjon . y, ^S^^ATCHtOj^ ORDER CRLP NO. 7265 OF 2025 «!>y. ALLOWING THE CRLP