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2025 DAILYLAW 45117 (AP)

RAJUPETA SAMBA MURTHY v. THE STATE OF ANDHRA PRADESH

CRLP/1543/2022 · 2025-04-29

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^NO 'y A. II o ^ Hi ■% PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N r^:> CRIMINAL PETITION NO: 1543 OF 2022 Between: Rajupeta Samba Murthy, S/o.Venkatesham, aged 61 Govt. Servant, R/o.H.No.8-5-283/217/1 Colony, Vaishalinagar, Kharmanghat, Saroornagar, RR District, Telangana. years, Occ. Retd. Road No.7, Madhavanagar ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, through SHO Yelamanchili PS , West Godavari District, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Bhupati Murali Krishna, S/o.Bhupati Raja Gopal, aged 49 R/o.Medapadu (V), Yelamanchili (M), West Godavari District, Andhra Pradesh State. years. ...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR No.47/2022 praying that in the on the file of Yelamanchili PS, West Godavari District in so far as the petitioner A-2 is concerned. I.A. NO: 2 OF 2022 Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further including arrest and appearance of the petitioner/A-2 in Crime No.47/2022 of Yelamanchili PS, West Godavari District. praying that in the proceedings This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Balaji Medamalli, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and of Sri S A V Ratnam on Advocate for the Respondent No.2 (none appeared) The Court made the following ORDER ; 1 HN, J Mi, Crl.P.No.l543_2022 APHC010085462022 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: 1543/2022 Between: ...PETITIONER/ACCUSED Rajupeta Samba Murthy AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.BALAJI MEDAMALLI Counsel for the Respondent/complainant(S): IS AVRATNAM 2. PUBLIC PROSECUTOR (AP) 2 HNfj I Crl.P.No.l543 2022 The Court made the following Order: The learned counsel for the petitioner submits that the petitioner i: arraigned as Accused No.2 in Crime No.47 of 2022, on the file of Yelamanchilli Police Station, West Godavari District, for the alleged offences under Sections 420, 323, 506 read with Section 34 of the Indian Panel Code Sections 3(1 )(r), 3(1 )(s), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Privention of Astrocities) Act, 1989. 1. IS I 1860, and 2. It is the compliant of the respondent that he entered into an agreement of sale with the petitioner at the behest of the 1 St accused. It is alleged that neither the 1®' accused nor the 2'"'' respondent paid any money to the petitioner, nor did the petitioner pay any amount to the 2"^^ respondent. Subsequently, the petitioner filed a suit for injunction, restraining the 2""^ respondent from making any constructions or elevations on the properties that are the subject of the agreement of sale. 3. Based on these facts, the complaint was filed alleging various offences. As seen from the complaint, the allegations made against the petitioner under the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, may not be applicable. However, insofar as the investigation is concerned, this Court, vide order dated 07.03.2022, granted a stay of ail further proceedings. 4. Notice was served to the 2"^^ respondent, but there is no representation. 3 HN,J f Crl.P.No.l543_2022 is disposed off, by directing the Station House Officer, to complete the The Crime Petition is Yelamanchili Police investigation by issuing notice under Section petitioner is concerned. 5. Godavari District 41-A of Cr.P.C insofar as the Station, West pending misceiianeous petitions, if | As a sequel assistant registrar SECTION OFFICER //true copy// V To, Yeiamanchili PS, West Godavari District Balaji Medamalli Advocate [OPUC] - r|; jhe station House Officer 2. OneCCto Sri. 3. OneCCto SriSAVRatnam 4. Two CCs to the Public Prosecutor, Amaravathi [OUT] Advocate [OPUC] High Court of Andhra Pradesh at 5. THREE CD COPIES stu TAG HIGH COURT DATED:30/04/2025 ANOli^ 5 0 2 AUG 2025 ORDER CRLP.No.1543 of 2022 CO, ^ . Current Section . DISPOSING OF THE CRIMINAL PETITION