IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATJ(^S> FRIDAY THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 6336 OF 2022 o PRATAPA Between: 1. G.Sundar Reddy, aged about 60 years, S/o Late G.Mari Reddy D.No.1, P.Yaleru Village, Atmakur Mandal Ananthapuramu Dist. Andhra Pradesh-515751. 2. G. Sudha Rani, aged about 52 years, W/o G. Sundar Reddy, D.No.1, P.Yaleru Village, Atmakur Mandal Ananthapuramu Dist. Andhra Pradesh-515751. ..•PETITIONERS/ACCUSED(S) AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor Andhra Pradesh at Amaravati. 2. Smt. G. Vijaya, @ Vijaya Lakshmi, W/o G. P.Yaleru (V), Atmakur (M), Anantapur District 515751. High Court of Kiran Kumar Reddy, . Andhra Pradesh - ...RESPONDENT/COMPLAINANTS 482 of Cr.P.C Petition under Section praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High court Petition, proceedings in CC Judicial Magistrate the offences under Section 323, r/w 34 may be pleased to quash the | on the file of the court of the 1®‘ Additional of First Class, Anantapuramu, for IPC against the petitioners. No. 149/2022 l.A. NO: 2 OF 209? Petition under Section 482 of Cr.P.C praying that in the Petition, proceedings in Additional Judicial Magistrate of First Class, Anantapuramu including appearance of the petitioners, pending disposal of the Criminal Petition. , -i ♦ Gircumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to grant stay of all further C.C.No.149/2022 on the file of the court of the 1 This Petition coming on for hearing, upon perusing the Memorandum Of Grounds of Criminal Petition and upon hearing the arguments of Sri D and the Public Prosecutor and none appeared for the Respondent Kishore Kumar, Advocate for the Petitioners behalf of the Respondent No.01 on No.02. The Court made the following order: APHC010420302022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6336 OF 2022 Between: G.Sundar Reddy and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.DKISHORE KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ...RESPONDENT/COMPLAINANT(S) ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ Accused Nos.1 and 2, seeking quashment of the proceedings pending against them in C.C.No. 149 of 2022 on the file of the Court of I Additional Judicial Magistrate of I Class, Anantapuramu. 2 Heard Sri Kishore Kumar Dhodia, learned counsel for the petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Notice served on respondent No.2, but none represented. 2. Learned counsel for the petitioners would submit that it is purely a 3. matter of civil-in-nature. The petitioners herein have obtained a decree in O.S.No. 842 of 2019, on the file of the Court of the III Additional Junior Civil Judge, Ananthapuramu, which was filed for partition against one G. Bali Jogi Reddy and others. nd Learned counsel would further submit that on 23.08.2021, the 2 4. petitioner herein lodged a complaint before the Superintendent of Police against the family members of respondent No.2. But the police have not acted upon the said complaint. Later, on 29.08.2021, the petitioners lodged another complaint citing incident occurred on the same day and the police registered the same under Crime No. 179 of 2021 under Sec.s 323 r/w 34 IPC against the family members of the 2"^^ respondent. Learned counsel would further submit that as a counter blast to the 5. nd Crime No. 179 of 2021, the present complaint was lodged by the 2 respondent which was registered under Crime No. 180 of 2021. The petitioners have been in possession and enjoyment of the schedule property. The alleged incident said to have been occurred in the land of the petitioner. Learned counsel finally submits that continuing criminal proceedings against the petitioner is mere abuse of process of law. 6. Learned Assistant Public Prosecutor for the State opposed the Criminal Petition as there are clear allegations made in the complaint to attract under Section 323 r/w 34 of IPC. The petitioners have obtained a decree in O.S.No. 842 of 2019, on the fije of the Court of the III Additional Junior Civil Judge, Ananthapuramu, which is an exparte decree. Learned Assistant Public Prosecutor finally submits that when there is verifiable material against the petitioners, quashment cannot be done, while exercising jurisdiction under Section 482 of Cr.P.C and prays for dismissal of the Criminal Petition. 7. Considering the submissions made and fair look at the material record, the alleged incident in Crime No. 179 of 2021, on the complaint made by the 2"^ petitioner and in Crime No.180 of 2021, on the complaint made by respondent No.2 was occurred on 29.08.2021 at about 12.30 hrs. A on cursory look at the FIR registered in both the cases would show the presence of the petitioners, as well as the respondent No.2 at the alleged scene of offence. As rightly put by the learned Assistant Public Prosecutor, when there is a verifiable material available on record, quashment of case against the petitioners cannot be done In that view, the Criminal Petition is dismissed. 8. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- KJ.RAJA BABU ASSISTANT^GISTRAR SECTl^ OFFICER //TRUE COPY// To 1. The 1st Additional Judicial Magistrate of First Class, Anantapuramu Anantapur District 2. TheS.H.O ^ o.n.^., Atmakur Police Station Anantapur District. 3'. One CC to Sri D Kishore Kumar, Advocate [OPUC] 4. Two CC to Public Prosecutor, High Court of Andhra praaesn. j 5. Two CD Copies RAM HIGH COURT DATED:28/02/2025 ORDER CRLP.No.6336 of 2022 glT 0 6 SEP 2025 jg DISMISSING THE CRIMINAL PETITION