IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI SATURDAY, THE TWENTY NINETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6540 OF 2021 Between: Garikina Venkata Ravindra Sai, S/o Garikina Narsinga Rao, Aged about 21 years, Vadabalija, R/o D. No. 9-196, Rushikonda, Chinnagadili Rural Mandal, Visakhapatnam District ...Petitioner/Accused No.2 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. ...Respondent /Defacto Complainant Petition under Section 482 of Cr.P.C. 1973, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C. L.G.No.8 of 2019 pending on the file of the Hon'ble Court of Principal Civil (Junior Division) Judge Cum Special Court For Land Grabbing Cases At Visakhapatnam. I.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C 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.2 in C.C. L.G.No.8 of 2019 pending on the file of the Hon'ble Court of Principal Civil (Junior Division) Judge Cum Special Court For Land Grabbing Cases at Visakhapatnam. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S.V.S.S.Siva Ram, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1. The Court made the following Order: 'V APHC010446202021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Sitls [3457] MONDAY. THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6540/2021 Between: Garikina Venkata Ravindra Sai ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused: 1.S.V.S.S.SIVA RAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following order: This Criminal Petition is filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.”) seeking to quash the proceedings initiated against the petitioner/ A2 in C.C.LG.No.08 of 2019 on the file of Principal Junior Civil Judge Cum Special Court For Land Grabbing Cases, Visakhapatnam, registered for the offences punishable under Sections 420, 467, 471,447 r/w 120-B of Penal Code (for short “IPC”) & SEC.4 & 5 of A.P. Land Grabbing (Prohibition) Act, 1982. Indian nd counsel for the petitioner submits that the 2 Learned respondent/de-facfo complainant, who worked as Tahsildar, Visakhapatnam Rural, filed a complaint dated 11.05.2017, on the file Palem Police Station, Visakhapatnam, against the petitioner alleging that the petitioner, along with four others, has conspired to grab land admeasuring Ac.0.70 cents situated in Sy.No.19 of Rushikonda Village, Visakhapatnam. The said complaint was registered as Crime No.248 of 2017, and the petitioner herein is accused No.2. He submits that the sanction from the 2. of P.M. herein arrayed as Tribunal ought to have been obtained before filing of the complaint, respondent without obtaining nd But, in the present case, the 2 permission from the subject Tribunal, straight away proceeded to file before the Police. He further submits that when the complaint Sub-Registrar refused to register the General Power Attorney dated 03.12.2016, which is executed by the mother of the petitioner in his favour, the petitioner filed a writ petition vide W.P.No.6394 of 2017, Court challenging the inaction on the part of the respondents therein in not registering the documents submitted by the petitioner. This Court, after careful consideration, allowed the writ before this 9 petition, directing the respondents therein to delete the subject land from the prohibitory list and register the document submitted petitioner. by the It IS submitted by the learned counsel for the petitioner that the land in the said writ petition and the land the 2 in the complaint alleged by nd respondent are one and the same. Further, there is specific allegation against the petitioner except the allegation the A2 and A3 have arranged fencing around the no that subject land. In support of his contention, learned counsel for the petitioner placed reliance on the learned Single Judge’s order in Crl.P.Nos.2199 and 2525 of 2012 dated 19.01.2015. Therefore the criminal proceedings initiated against the petitioner are liable to be set aside. 3. Learned Assistant Government Pleader submits the settlement Fair Adanagal, the subject lands “Gedda poromboke”. As such, the 2'''' against the petitioner and others under land grabbing that as per are classified as respondent filed a complaint case. 4. Perused the record and considered learned counsel for the the submissions of petitioner/A2 and learned Assistant Government Pleader appearing for the respondents. 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 writ appeal is filed questioning the said order by the State. The 2 respondent/c/e-Zacfo 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. nd , as no nd 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 of 2019, on the file of Principal Junior Civil Judge Cum Special Court For Land Grabbing Cases, Visakhapatnam, are hereby quashed. Accordingly, the Criminal Petition is allowed. There shall be order as to costs. 7. no As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1- The Principal Civil (Junior Division) Judge Land Grabbing Cases At Visakhapatnam. 2. The Inspector of Police, P.M Palem 3. One CC to Sri. S.V.S.S.Siva Ram 4. Two CCs to Public Prosecutor, 5. Three CD Copies Cum Special Court For Police Station, Visakhapatnam. Advocate [OPUC] High Court of Andhra Pradesh [OUT] HIGH COURT DATED:29/03/2025 ORDER X 2 2 APR 2025 B . Current section £espatc«^-^ CRLP.No.6540 of 2021 ALLOWING THE CRLP