APHC010400432019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7304/2019 Between: 1. SUNIL KUMAR AGARWAL, S/O. DEVAKINANDAN AGARWAL, AGED ABOUT 42 YEARS, R/O.D.NO.17-1-383/IP/ 7, INDRAPRATA COLONY, VINAYNAGAR, SAIDABAD, HYDERABAD CITY. (A-1) 2. CHEKURI SUDHAKARA RAJU @ CHINDA SUDHAKAR RAJU,, S/O. POORNACHANDRA RAJU, AGED 49 YEARS, R/O.FLAT NO.C-3, PARK SIDE RESIDENY, ROAD NO.5, BANJARA HILLS, HYDERABAD ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARATHI 2. LALAM SUDHAKAR NAIDU, S/O. SATYANARAYANA, AGED 58 YEARS, OCCUPATION TAHSILDAR, R/O. VISAKHAPATNAM RURAL, VISAKHAPATNAM ...RESPONDENT/COMPLAINANT(S): 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 Criminal Petition, the High Court to quash CC No.8 of 2019, dated 11- 05-2018, on the file of the Hon'ble Court of Principal Junior Civil Judge cum Special Court for Land Grabbing Cases at Visakhapatnam Counsel for the Petitioner/accused(S): 1. V VINOD K REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2 The Court made the following: ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.), has been filed, by the Petitioners for the following relief: “ ... to quash the Proceedings in CC No.8 of 2019, dated 11-05-2018, on the file of the Court of Principal Junior Civil Judge-cum-Special Court for Land Grabbing Cases at Visakhapatnam ...” Heard learned counsel for the Petitioners and Learned Assistant Public Prosecutor for respondent State. Perused the material on record. Learned counsel for the Petitioners would submit that on the complaint given by the Tahsildar, Visakhapatnam Rural, Visakhapatham, the subject crime is registered against the accused. Petitioners herein are arrayed as A.1 and A.5 in CC No.8 of 2019 on the file of the Court of Principal Junior Civil Judge-cum- Special Court for Land Grabbing Cases, Visakakhapatnam, which is registered for the offences punishable under Sections 420, 467, 471 and 447 read with 120-B IPC and Sections 4 and 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The subject land is situated at Rushikonda village, Visakhapatnam. Further, Petitioners are neither land owners nor land grabbers and no material is placed against the Petitioners. Learned counsel would submit that the subject matter of this Criminal Petition is squarely covered by the order dated 14.07.2025 passed by this Court in Criminal Petition No.7265 of 2025, which was allowed basing on the order passed in Crl.P.No.6540 of 2021 dated 29.03.2025 and prays to quash the proceedings against the Petitioners/A.1 & A.5 herein. 3 Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. For ready reference, the observations made by a Coordinate Bench of this Court relating to A2 in Criminal Petition No.6540 of 2021, dated 29.03.2025, are as follows: “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 2nd 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, as no writ appeal is filed questioning the said order by the State. The 2nd respondent/de-facto Complainant in the present case is 3rd respondent in the said writ petition. Having accepted the finding of this Court, the 2nd respondent ought to have brought to the notice of the SHO, P.M. Palem Police Station. 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 of2019, on the file of Principal Junior Civil Judge Cum Special Court For Land Grabbing Cases, Visakhapatnam, are hereby quashed.” In the light of the order passed by a Coordinate Bench of this Court relating to A2 in Criminal Petition No.6540 of 2021, dated 29.03.2025, the Criminal Petition is allowed. The Proceedings in CC No.8 of 2019 on the file of the Court of Principal Junior Civil Judge-cum-Special Court for Land Grabbing Cases, Visakakhapatnam, against the Petitioners are hereby quashed. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 02.12.2025 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 7304 of 2019 02.12.2025 Mjl /*