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2025 DAILYLAW 45370 (AP)

GUDURI GABRIYELU v. THE STATE OF ANDHRA PRADESH

CRLP/4529/2025 · 2025-04-27

Harinath N

body2025

Judgment text

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t IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4529 of 2025 Between: Guduri Gabriyelu. S/o. Guravaiah, aged 43 years, R/o. Village, Hanumanthunipadu Mandal. Dasallapalli ...Petitioner/Accused-12 AND 1. The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant 2. Mupparaju Vijaya Sekhar, S/o. Venkateswarlu, aged 63 years, D.No. 6- 78, Pallapothuvari Street, Chimakurthy Town and Mandal, Prakasam District. ...Respondent No.2/Defacto Complainant Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining F.I.R No.167 of 2020 of Pamur Police Station, Prakasam District and quash all proceedings against the petitioner. r T I A NO: 1 OF 2025 Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in F.I.R No. 167 of 2020 on the file of Pamur Police Station, praKasam District, pending disposal of the main case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Inakollu Venkateswarlu, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following 1 CRLP. No.4529 of 2025 APHC010210452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4529/2025 Between: ...PETITIONER/ACCUSED Guduri Gabriyelu AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.INAKOLLU VENKATESWARLU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.4529 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4529 OF 2025 ORDER: 1 Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A. 12 in Crime No. 167 of 2020 of Pamuru Police Station, prakasam District, registered for the alleged offences under Sections 352, 464, 465, 471 read with 34 of the Indian Penal Code, 1860. 3. The petitioner, serving as the Village Revenue Officer, is alleged to have made entries in Annexure-I without issuing prior notice to L.W.1 despite the prohibition of registration of certain documents under Section 22-A(1)(a) of the Registration Act, 1908. 4. The learned counsel for the petitioner submits that the petitioner, in his official capacity as V.R.O., made the entries in accordance with procedural requirements. It is submitted that the petitioner merely \ / discharged his official duties and, therefore, the alleged offences / under Sections 352, 464, 465, 471 read with 34 would not be made applicable to him. Furthermore, it is asserted that no proceedings or show cause notice have been issued to the petitioner in connection with the alleged act. 3 CRLP. No.4529 of 2025 5. The learned Assistant Public Prosecutor submits that Section 467 IPC has also been incorporated during the course of investigation, upon discovery of relevant evidence. 6. Be that as it may, the crime was registered in the year 2020, and it is stated that the investigation remains pending. 7. Considering the submissions of the learned counsel for the petitioner, the criminal petition is disposed of directing the Station House Officer, Pamuru Police Station, Prakasam District, to complete the investigation in Crime No. 167 of 2020 without taking coercive steps against petitioner. This order would not preclude the investigating officer from filing charge sheet or final report upon completion of the investigation. 8. Accordingly the criminal petition is disposed of. 9. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// \ SECTION OFFICER To 1. The Judicial First Class Magistrate, Kanigiri, Prakasam District. 2. The Station House Officer, Pamuru Police Station, Prakasam District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 4. One CC to Sri Inakollu Venkateswarlu, Advocate [OPUC] 5. Three CD Copies TK \ HIGH COURT TK s DATED:28/04/2025 ORDER CRLP.No.4529 of 2025 DISPOSING OF THE CRIMINAL PETITION