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2025 DAILYLAW 42082 (AP)

Penudota Veera Mohan v. The State of Andhra Pradesh

CRLP/11226/2025 · 2025-10-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010575182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11226/2025 Between: 1. PENUDOTA VEERA MOHAN, S/O LATE PENUDOTA VEERABRAHMACHARI, AGED 52 YEARS, OCC BUILDER, RESIDENT OF DOOR NO. 48-6-5, NEAR VT COLLEGE,VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, SHO, MUVVALAVANIPALEM POLICESTATION, REP. THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE,A.P., AMARAVATI, GUNTUR DISTRICT 2. PENUDOTA GURAVAMMA, W/O LATE PENUDOTA VEERABRAHMACHARI,AGED ABOUT 73 YEARS. RESIDENT OFDOOR NO. 4-63-1/17, FLAT NO. 403,SS ENCLAVE, NEAR SACHIVALAYAM, LB COLONY,VISAKHAPATNAM CITY,VISAKHAPATNAM DISTRICT ...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 pleased to quash the proceedings of FIR in Crime No. 70 of 2025 on the file of Muvvalavanipalem Police Station, Visakhapatnam District, registered under section 196, 199, 386, 417, 420, 423, 465, 468, 469, 470, 471, 506, 120B r/w 34 IPC, 156(3) CrPC, dated 13.02.2025 and pass 2 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 dispense with filing of the original certified copy of In the Case of FIR in Crime No. 70 of 2025 on the file of Muvvalavanipalem Police Station, Visakhapatnam District, registered under section 196, 199, 386, 417, 420, 423, 465, 468, 469, 470, 471, 506, 120b r/w 34 IPC, 156(3) CrPC, dated 13.02.2025, before this Hon’ble Court and pass IA NO: 2 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 stay of all further proceedings of FIR in Crime No.70 of 2025 on the file of Muvvalavanipalem Police Station, Visakhapatnam District, registered under section 196, 199, 386, 417, 420, 423, 465, 468, 469, 470, 471, 506, 120B r/w 34 IPC, 156(3) CrPC, dated 13.02.2025pending disposal of the Criminal Petition before this Hon'ble Court and pass Counsel for the Petitioner/accused: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11226/2025 The Court made the following order: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.2, seeking quashment of the proceedings pending against him in Crime No.70 of 2025 on the file of Muvvalavanipalem Police Station, Visakhapatnam Commissionerate District, for the offences under Sections 196, 199, 386, 417, 420, 423, 465, 468, 469, 470, 471, 506, 120b r/w 34 of IPC and Section 156(3) of Cr.P.C. 2. Heard Sri E.Sesha Mahesh Babu, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State. 3. Learned counsel for the petitioner would submit that a private complaint was filed by the 2nd respondent alleging various offences against the petitioner. The petitioner has filed O.S.No.6 of 2023 against the 2nd respondent for the specific performance of the agreement of sale. The 2nd respondent, while the pendency of the suit, has now filed a private complaint alleging the agreement of sale as a fabricated and forged one. The petitioner had filed a suit seeking specific performance basing on the agreement of sale, which is alleged by the 2nd respondent to be fabricated. 4 4. Considering the nature of allegations and also considering the fact that there is a civil suit pending on the file of the VII Additional District Judge, Visakhapatnam, the suit being O.S.No.6 of 2023, this Court is inclined to dispose of the criminal petition, directing the Station House Officer, Muvvalavanipalem Police Station, Visakhapatnam District, to complete the investigation without taking any coercive steps against the petitioner. It is further directed that the SHO/Investigating Officer to complete their investigation and file the final report/charge sheet. 5. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.10.2025 JLV 5 119 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No: 11226 OF 2025 Date: 30.10.2025 JLV