APHC010510202024 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8206 OF 2024 Between: 1. RUPANAGUDI RAMA SUBBA REDDY, S/o Late Raja Sekhar Reddy, Aged about 33 years, Occ Cultivation, R/o Sivasai Green Holmes, Koilakuntia Road, Rythunagaram village, Nandyal Mandal, Nandyal District. 2. Gopavaram Prasada Reddy,, S/o Rami Reddy, Aged abo Chilakaluru Village, Rudravaram mandal, Nandyal district. 1. THE STATE OF ANDHRA PRADESH, Through S.H.O Dornipadu PS Represented by P P High Court Of Andhra Pradesh, Amaravathi. 2. Subbalakshmamma Rupanagudi, , W/o S years, R/o D.No. 26-528, near LIC Office, Nandyal town, Nandyal District. 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 Criminal Petition, the High Court in connection with vide, the First Information Report in Cr. No. 59 of 2024 dated 29.09.2024 on the file of Dornipadu Police Station, Nandyal District IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8206 OF 2024 1. RUPANAGUDI RAMA SUBBA REDDY, S/o Late Raja Sekhar Reddy, Aged about 33 years, Occ Cultivation, R/o Sivasai Green Holmes, Koilakuntia Road, Rythunagaram village, Nandyal Mandal, Nandyal District. 2. Gopavaram Prasada Reddy,, S/o Rami Reddy, Aged about 31 years, R/o Chilakaluru Village, Rudravaram mandal, Nandyal district. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Through S.H.O Dornipadu PS Represented by P P High Court Of Andhra Pradesh, Amaravathi. 2. Subbalakshmamma Rupanagudi, , W/o Sudhakar Reddy, Aged about 59 528, near LIC Office, Nandyal town, Nandyal District. ...Respondents 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 Criminal Petition, the High Court pleased to call for the records relating to and in connection with vide, the First Information Report in Cr. No. 59 of 2024 dated 29.09.2024 on the file of Dornipadu Police Station, Nandyal District IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. RUPANAGUDI RAMA SUBBA REDDY, S/o Late Raja Sekhar Reddy, Aged about 33 years, Occ Cultivation, R/o Sivasai Green Holmes, Koilakuntia ut 31 years, R/o ...Petitioners 1. THE STATE OF ANDHRA PRADESH, Through S.H.O Dornipadu PS udhakar Reddy, Aged about 59 528, near LIC Office, Nandyal town, Nandyal District. ...Respondents 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 pleased to call for the records relating to and in connection with vide, the First Information Report in Cr. No. 59 of 2024 dated 29.09.2024 on the file of Dornipadu Police Station, Nandyal District registered under Sections 324(4), 329(3), 49 r/w 3(5) BNS Act consequently quash the same against the petitioners/Accused No.1 and 2 and pass IA NO: 1 OF 2024 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 pleased to grant stay of all further proceedings in FIR No. 59 of 2024 dated 29.09.2024 on the file of Dornipadu Police Station, Nandyal District under Sections 324(4), 329(3), 49 r/w 3(5) BNS Act pending disposal of the Criminal Petition and pass IA 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 pleased to vacate the interim orders passed in Crl.P.No.8206/2024 dated 15-11-2024 in the interest of justice. Counsel for the Petitioners: AYESHA AZMA S Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents:P NAGENDRA REDDY The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8206 OF 2024 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to call for the records relating to and in connection with vide, the First Information Report in Cr. No. 59 of 2024 dated 29.09.2024 on the file of Dornipadu Police Station, Nandyal District registered under Sections 324(4), 329(3), 49 r/w 3(5) BNS Act consequently quash the same against the petitioners/Accused No.1 and 2 and pass…” 2. Heard Ms. Ayesha Azma. S, learned Counsel for the petitioners, Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State, and Sri P. Nagendra Reddy, learned Counsel for the respondent No.2. 3. Learned Counsel for the petitioners would submit that in the year 2020 itself, a civil suit in O.S. No.46 of 2020 was filed on the file of the Junior Civil Judge, Koilakuntla, seeking permanent injunction and declaration of title over the schedule property. It is further submitted that in the written statement filed in the said suit, the respondent No.2 set up a counter-claim seeking permanent injunction and declaration of title. Learned Counsel submits that no injunction was granted either in favour of the petitioners or in favour of respondent No.2. 4. Learned Counsel would further submit that, despite the pendency of the civil proceedings, the present criminal case has been registered against the petitioners alleging offences of criminal trespass and mischief. It is contended that the dispute is purely civil in nature and that questions regarding possession, title and ownership of the subject property are already pending for consideration before the competent civil Court and continuing the criminal proceedings, in such circumstances, would amount to abuse of process of law. 5. On the other hand, learned Counsel for the respondent No.2 fairly submitted that the civil suit and counter-claim are pending before the Civil Court and that no injunction order has been passed in favour of either party. However, it is contended that the petitioners are basing their claim upon a Will Deed and that they are not in possession of the subject property and prays to dismiss the present writ petition. 6. Learned Assistant Public Prosecutor would submit that at present the matter is only at the stage of investigation pursuant to registration of the crime, and the police may be permitted to conduct investigation into the allegations as per law. 7. Considering the submissions made by both the learned counsel and on a perusal of the material placed on record, it is evident that a civil suit filed by respondent No.2 is pending on the file of the competent Civil Court seeking permanent injunction and declaration of title over the schedule property. In the said suit, the petitioners have also filed a counter-claim seeking permanent injunction. As such being the case relates to right, title and possession of the property are already pending consideration before the competent Civil Court and no finding has been rendered so far, nor has any injunction order been granted in favour of either party. In such circumstances, the allegations of criminal trespass and damage to the property are not prima facie made out and continuation of criminal proceedings in the present case would, therefore, amount to abuse of process of law. However, it is made clear that the parties are at liberty to work out their remedies before the competent Civil Court where the matter is pending. Accordingly, this Criminal Petition is allowed. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.09.2025 KKV 83 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMIMAL PETITION NO:8206 OF 2024 08.09.2025 KKV