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2025 DAILYLAW 44867 (AP)

DOPPASANI RAMABABU v. THE STATE OF ANDHRA PRADESH

CRLP/2084/2025 · 2025-04-29

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2084 OF 2025 Between: Doppasani Ramababu, S/o.Veera Raghavulu, aged about 50 years, R/o. Rajupalem Village, Dwaraka Tirumala Mandal West Godavari District. ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh, Rep.by its Public Prosecutor, High Court ofA.P. 2. Allada Rajarao, S/o. Gopaiaaro, aged about 70 years, R/o. Nallajerla Village and Mandal, West Godavari District. ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the charge sheet in C.C. No. 575 of 2024 on file the Hon’ble Judicial First Glass Magistrate at Bhimadole, against the Petitioner/Accused. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal % petitloh.fKp High Court may be pleased pleased to grant a stay of all further;proceedings, including the appearance of the petitioner/Accused in ~ ' C.C.4MO. 575 of 2024 on file the Hon ble Judicial First Class Magistrate at Bhimadole. V This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CHAKRADHARA RAJA Y ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri P.Srinivas Advocate for the Respondent No. 2. r The Court made the following: ORDER 7 1 HN, J Crl.P.No.2084 2025 APHC010098322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY JHE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2084/2025 Between: ...PETITIONER/ACCUSED Doppasani Ramababu AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1. CHAKRADHARA RAJA Y Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.PATHURI SRINIVAS 2 HN, J Crl.P.No.2084 2025 S The Court made the following Order: The learned counsel for the petitioner submits that the petitioner is arraigned as an accused in C.C.No.575 of 2024, on the file of Judicial I Class Magistrate, Bhimadole, for the alleged offences under Sections 447, 506 and 1. 379 of the IPC. nd It is alleged that the petitioner trespassed onto the land of the 2 respondent, excavated earth, and sold it to third parties. It is submitted that the petitioner is a farmer and also a political party leader. Due to the political rivalry and disturbances between the petitioner and the 2''^ respondent, a false a 2. complaint has been filed. nd It is further submitted that the petitioner never entered the land of the 2 respondent and that the petitioner’s land is adjacent to that of the 2"^^ respondent. 3. The learned counsel for the petitioner further submits that even as per the 4. complaint and the statements of the witnesses, it is not stated when or to whom the allegedly excavated earth was sold. Therefore, the offence under Section 379 of the IPC cannot be said to be made out against the petitioner. Heard the learned Assistant Government Pleader and learned counsel for 5. the 2"^ respondent. The petitioner seeks a limited prayer of dispensing with his personal presence before the trial court. • 3 HN, J Crl.P.No.2084 2025 Considering the same, the criminal petition is disposed off dispensing with the presence of the petitioner, except on the dates when the presence of the petitioner is required for the purpose of trial. 6. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/-G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Bhimadole. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh. One CC to Sri. Chakradhara Raja Y Advocate [OPUC] One CC to Sri P Srinivas, Advocate [OPUC]. Three cp Copies 2. 3. 4. 5. AL HIGH COURT DATED;30/04/2025 ORDER CRLP.No.2084 of 2025 DISPOSING THE CRL PETITION WITHOUT COSTS