MOULANA MOHAMMAD FAZLR REHAMAN @ EJDANI v. THE STATE OF ANDHRA PRADESH
CRLP/7590/2021 · 2025-04-01
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33879 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33879 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010514972021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7590/2021 Between: Moulana Mohammad Fazlr Rehaman @ Ejdani and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1. NAMBURI SREEMANNARAYANA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
2. SARASCHANDRA BABU JAKKAMSETTY The Court made the following Order:
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ORDER:-
The learned counsel for the petitioners submits that the petitioners are arraigned as accused Nos.1 and 2 in C.C.No.11 of 2021 on the file of 1st Additional Junior Civil Judge-cum-1st Additional Judicial Magistrate of First Class, Narsapuram. It is submitted that the petitioners are alleged to have committed offences under Sections 448, 427, 324, 323, 506, 509 r/w 34 of the IPC.
2. It is submitted that the 2nd respondent has filed a false complaint alleging that various offences have taken place. It is also submitted that the petitioners have demolished the bathroom constructed by the 2nd respondent and that when the 2nd respondent tried to obstruct the petitioners, the 2nd respondent was also abused in filthy language, apart from being beaten with a brick. The police have registered a case and completed the investigation by recording the statements of the witnesses and also the statement of the Doctor who treated L.W.1.
3. It is submitted that no wound certificate has been issued by L.W.7, and as such, the issue between the petitioners and the 2nd respondent is purely civil in nature. However, it has been converted into a criminal proceeding.
4. The learned counsel for the 2nd respondent submits that there are specific allegations against the petitioners and that the witnesses have also stated the same before the police in their Section 161 Cr.P.C. statements.
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5. Considering the submissions, this Court, without going into the merits of the matter, deems it appropriate to dispose off the criminal petition, leaving it open for the petitioners to raise all the grounds as raised in the criminal petition before the learned Magistrate Court.
6. With these observations, this Criminal Petition is disposed off.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
___________________ JUSTICE HARINATH.N 01.04.2025 PNS