APHC010025922021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 325/2021 Between: 1. ANJANEYULU, S/O SEETHARAMAIAH AGED 63 YEAR, OCC AGRICULTURE R/O BOPPUDI VILLAGE, CHILAKALURIPET MANDAL GUNTUR DISTRICT. 2. CHINTHA SAMBAIAH, S/O PULLAIAH AGED 61 YEARS, OCC AGRICULTURE R/O 2-80/2, BOPPUDI VILLAGE, CHILAKALURIPET MANDAL GUNTUR DISTRICT. 3. KUMMARI SRI HARI, S/O SRINIVASA RAO AGED 27 YEARS, OCC AGRICUTLURLIST, R/O 4-58, R/O RAJAPET CHILAKALURIPET MANDAL GUNTUR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. SMT G SUJATHA, TAHSILDAR, CHILAKALURIPET MANDAL, CHILAKALURIPET GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. BALAIAH B Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court Made the Following Order: The instant petition under Section 482 Cr.P.C., has been filed by the petitioners herein/Accused Nos.1 to 3, seeking quashment of proceedings against them in Crime No.4 of 2021 of Chilakaluripeta (R) Police Station, Guntur District, registered for the offences punishable under Sections 427, 447 read with 34 IPC and Section 3 PDPP Act. 2 2. Heard Sri Balaiah, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner would submit that they have obtained an order in the writ petition No.24878 of 2020 dated 23.12.2020 to protect their possession over the subject land. Learned counsel would further submit that as on the date of alleged incident their possession over the property is protected by a judicial order which was in force. Learned counsel would further submit that if the subject land is a Government land. As per the report of the Tahsildar, the B memorandum under which the petitioners are claiming their rights over the property was not issued by the Government. The Government may take appropriate course of action against the petitioners for recovery of their possession but continuing criminal proceedings against the petitioners’ mere abuse of process of law. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders giving liberty to the revenue authorities to take appropriate course of action according to law regarding the subject property. 5. Considering the submissions made and on perusal of the material on record, the present crime was registered against the petitioners for the offences punishable under Sections 427, 447 read with 34 IPC and 3 Section 3 PDPP Act. As rightly pointed out by the learned counsel for the petitioner, when the possession of the petitioners over the subject property is protected by way of judicial order as on the date of alleged incident, the question of trespass and causing mischief does not arise. Therefore, it is a fit case for quashment by exercising the jurisdiction under Section 482 Cr.P.C. 6. Accordingly, the Criminal Petition is allowed and the proceedings, in respect of petitioners herein/Accused Nos.1 to 3 in Crime No.4 of 2021 of Chilakaluripeta (R) Police Station, Guntur District, are hereby quashed. 7. It does not preclude the revenue authorities to take appropriate course of action against the petitioners according to governing Rules and Law. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 10.09.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.325 of 2021 Dt.10.09.2025 ASR