IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3248 OF 2022 Between: 1. Smt. Tummala Sangeetha, W/o late Madhamohan Reddy, aged about 40years, Occ. Housewife, D.No. 20-3-122/A3, Sivajyothi Nagar, Tirupati, Chittoor District. ...PETITIONER/ACCUSED N0.1 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi at Nelapadu. 2. A. Rajasekhar Raju, S/o late A. Seshadri, aged about 62years, Occ. Business, D. No. 2-59/A, Shresta Apartment, Opp Kalasham Building RC Road, Tirupati Urban, Tirupati Mandal, Chittoor District. ...RESPONDENTS Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records and to quash the FIR No. 117 of 2022 dt. 01.04.2022 on the file of the Alipiri Police Station, Tirupati, urban District Tirupati, Chittoor District I.A. NO: 2 OF 2022 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased stay of all further proceedings in FIR No. Petition under Section 482 of Cr.P.C. 117 of 2022, dt. 01.04.2022 on the file of the Alipiri Police Station, Tirupati Urban District, Tirupati, Chittoor District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CH VENKAT RAMAN, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri K RATHANGAPANI REDDY, Advocate for the Respondent No.2. The Court made the following ORDER : 1 4 APHC010177172022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3396] MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3248/2022 Between: ...PETITIONER/ACCUSED Smt. Tummala Sangeetha AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.CH VENKAT RAMAN Counsel for the Respondent/complainant{S); 1.K RATHANGA PANI REDDY 2.PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) has been filed by the Petitioner/Accused No.1, seeking quashment of the F.I.R. in Crime No.117 of 2022 of Alipiri Police Station, Tirupati, Tirupati Urban District, registered for the offences 2 punishable under Sections 442, 443, 445, 447, 380, 506, 427 r/w 34 of IPC r/w Section 156(3) Cr.P.C. 2. Heard Sri Ch.Venkat Raman, learned counsel for the petitioner, Sri K.Naga Phanindra, learned counsel for respondent No.2 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition herein filed a civil suit O.S.No.187 of 2016 seeking declaration of title and permanent injunction, wherein she has filed I.A.No.330 of 2019 and obtained order from the Court dated 15.11.2019 directing the respondents not to make construction in the petition schedule property. Learned counsel would further submit that the de facto complainant herein was shown as D3 in the said suit. They have continued the construction. The petitioner herein as plaintiff filed petition for prosecution for violation of the Court orders. While so, the present false case has been lodged reporting a false incident alleged to have been taken place on 04.07.2021. Learned counsel would further submit that only to bend the petitioner in a civil suit, to the terms of the de facto complainant, this case has been lodged. er 4. Learned counsel for respondent No.2 vehemently opposed the petition and would submit that the petitioner has approached the Court at the time of F.I.R. and obtained stay. If investigation is proceeded, the truth will come out. Learned counsel would further submit that the neighbours and locality also 3 photographed the incident. Learned counsel would further submit that earlier to the present case, the petitioner herein approached the police, summoning, the de facto complainant visited the police station and submitted his arguments. A survey has been conducted. The property which is claiming by the petitioner is different from the property of the de facto complainant. Learned counsel prays for dismissal of the petition. On 5. Learned Assistant Public Prosecutor would submit that the petitioner has approached this Court at crime stage and obtained stay. In the light of the stay, the police could not complete the investigation. Learned Assistant Public Prosecutor finally prays for dismissal of the petition giving direction to the police to conclude the investigation, so that the truth will come out. 6. Considering the submissions made and a keen perusal of the material on record as rightly put by the learned Assistant Public Prosecutor, as the petitioner has obtained the stay of all further proceedings in the matter, the police could not proceed with the investigation to decide the truth or otherwise of the contentions raised. 7. In that view, it is apposite to dispose of the present petition without causing any prejudice to the rights and contentions of the petitioners. It goes without saying that the police if they want to secure the presence of the petitioner, they can issue notice under Section 41A Cr.P.C., since all the offences are punishable with below the seven years period of imprisonment. 4 The police are further directed to proceed with the and file a report, according to law. matter in the investigation 8. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- K.KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// 't' SECTION OFFICER To 1. The Station House Officer, Alipiri Police Station, Tirupati, urban District Tirupati, Chittoor District 2. OneCCto SRI. CH VENKAT RAMAN, Advocate [OPUC] 3. One CC to SRI. K RATHANGAPANI REDDY, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 5. Three CD Copies Sm TAC HIGH COURT DATED;10/02/2025 ORDER CRLP.No.3248 of 2022 DISPOSING OF THE CRIMINAL PETITION