Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 3256 (AP)

CHALLA JAGAN MOHAN REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/300/2025 · 2025-01-09

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 300 OF 202^ Between: Challa Jagan Mohan Reddy, S/o.Lakshmi Reddy, Aged about Occ; Agriculture, R/o.Ramireddipally Road, Jammalamadugu Kadapa District. 53 years, YSR ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Through Station House Officer, Jammalamadugu (U/G) Police Station, YSR Kadapa District Public Prosecutor, High Court of Andhra Pradesh Rep.by its At Amaravathi. ...Respondent 2. Kouluri Vijaya Lakshmi, W/o.Late Ashok Reddy, Aged about 62 years R/o.D.No.8-144, Prakash Nagar, Kadapa Town, YSR Kadapa District. ...Respondent/De-facto Complainant Petition under Section circumstances stated in the Memorandum of Grounds the High Court FIR.No.672/2024 YSR Kadapa District. 528 of BNSS praying that in the of Criminal Petition, proceedings in on the file of the Jammalamadugu (U/G) Police Station may be pleased to quash the i.A. NO: 1 OF 2025 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 dispense with the filing of the certified copy of the FIR and Complaint in Crime No.672/2024 on the file of the Jammalamadugu (U/G) Police Station, YSR Kadapa District. I.A. NO: 2 OF 2025 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 grant stay of all further proceedings i FIR.No.672/2024 in the file of the Jammalamadugu (U/G) Police Station, YSR Kadapa District pending disposal of the above CrI.P. on This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P Nagendra Reddy, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: on V ' APHC010014732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY. THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 300/2025 Between: Challa Jagan Mohan Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.P NAGENDRA REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, by the Petitioner/accused , N seeking quashment of the proceedings against him in FIR No.672 of 2024 of the Jammalamadugu (U/G) Police Station, YSR Kadapa District. on the file 2. Heard Sri P.Nagendra Reddy, learned counsel for Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. the petitioner and 3. Learned counsel for the petitioner would submit that earlier the petitioner filed anticipatory bail application in Crl.P.No.6511 of 2024 seeking bail was dismissed on merits. Learned counsel would further submit that it is a case where the complainant has executed a registered sale deed under the impression that that she has executed for Ac.0.50 cents. Thereafter, she realized that the in the name of Sri D.Lokeswar Reddy petitioner deceived her in executing the sale deed in his favour. Learned counsel would further that absolutely there are no ingredients to attract the offences 338 and 339 of BNS, 2023. Learned counsel would finally submit petition may be disposed of directing the police to follow 41(A) guidelines. submit under Sections that the 4. Learned Assistant Public Prosecutor would submit that the Court pass appropriate orders. may 5. Considering the submissions made and a fair look at the contents of the complaint and as rightly put by the learned counsel for the petitioner, the V 3 0 present case would not attract the offence under Section 338 and 339 of BNS, 2023. It is not a case where the complainant, her signature was forged by someone else, it is her specific case that she has executed the registered sale deed in the name of the petitioner under the impression that she would execute the sale deed in the name of Sri D.Lokeswar Reddy with whom she entered the agreement of sale relating to an extent of Ac.0.50 cents. In that view, this Criminal Petition is disposed of directing the police to follow guidelines issued by Hon’ble Apex Court in Arnesh Kumar v. State of Bihar\ 6. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// VSECTION OFFICER To, 1. The Station House Officer, Jammalamadugu Police Station, YSR Kadapa District. 2. One CC to Sri P Nagendra Reddy Advocate [OPUC] 3. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies SAM PRK HIGH COURT \ SAM DATED:09/01/2025 ORDER CRLP.No.300 of 2025 I 2 3 JAN 2025 Current Section ^ .7^ ;lo DISPOSING OF THIS CRLP