SHAIK AHAMADUNNISA BEGUM v. THE STATE OF ANDHRA PRADESH
CRLP/10541/2022 · 2025-02-11
Venkata Jyothirmai Pratapa
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 47534 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47534 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
4 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10541 OF 2022 Between: Shaik Ahamadunnisa Begum, W/o.M.Y.Narayana, aged about 60 years, Occ: Advocate, R/o.D.No.26-10-78, 4th Lane, Nagarampadu, Guntur-05, Guntur District.
...PETITIONER/ACCUSED No.2 AND
1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, at Velagapudi, Amaravathi, Guntur District.
...RESPONDENT/ RESPONDENT X
2. Shaik Fajulla, S/o.Shaik Masthan Vali, aged major, R/o.Anandpet, Old Guntur, Guntur Urban District, Cell. 9848174535. ...RESPONDENT/COMPLAINANT Petition udder Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the l^fgh Court may be pleased to calf for the entire records in FIR.No.26 of 2022, dated18-01- 2022 on the file of the SHO, Old Guntur P.S. Guntur Urban District for the offences alleged under U/S.420, 465, 467, 468, 471
9 R/W.34 of tPC and quash the petitioner/accused No.2 same as abuse of process of law against the I.A. NO: 2 OF 202? Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to grant stay of all further including arrest of the petitioner/accused FIR.No.26 of 2022, dt.18- 01-2022 Petition, proceedings No.2 in connection with on the file of the S.H.O., Old Guntur P.S. Guntur Urban District, pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Kona N.D.V Ramana Rao, Advocate Prosecutor (AP) on behalf of the Respondent No.1 and of Sri Phani Cheruvu, Advocate for the Respondent No.2 upon hearing the arguments of Sri for the Petitioner a,,ud the Public Teja The Court made the followingiORDER X
1 APHC010718682022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) I [3396] / WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10541 OF 2022 Between: Shaik Ahamadunnisa Begum ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLA!NANT(S) Others Counsel for the Petitioner/accused:
1.KONA N.D.V.RAMANA RAO Counsel for the Respondent/complainant(S):
1.PUBLIC PROSECUTOR (AP) X 2.PHANI TEJACHERUVU The Court made the following:
ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/Accused No. 2, oseeking quashment of the proceedings pending against them in Crime No. 26 of 2022 of Old Guntur P.S, Guntur Urban District.
2. Heard Sri Kona N.D.V.Ramana Rao, learned counsel for the petitioner; Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State and Sri Phani Teja Cheruvu, learned counsel for the respondent No.2.
3.
Learned counsel for the petitioner would submit that the petitioner herein is the Accused No.2, who is an Advocate. The petitioner has got nothing to do with the alleged property disputes between Accused No.1 and respondent No.2.
4.
Learned counsel would submit that Accused No.1 in the present case on the file of IV Additional District Judge, Guntur against one Nallamothu Vijayalakshmi, who is claiming title over the subject property. The said suit was dismissed. That said Nallamothu Vijayalakshmi, who is denying the title of the petitioner and his vendor over the subject property also filed a suit in O.S.No. 965 of 2011 on the file of the Court of Senior Civil Judge, Guntur, which was dismissed for non prosecution. filed a suit in O.S.No.1181 of 2011 X
5.
Learned counsel would further submit that in O.S.No.965 of 2011, the said Nallamothu Vijayalakshmi/Accused No.1 has created an unregistered Will, as if her mother executed the same on 26.12.2011. In fact, mother of Accused No.1 died on 26.05.2010. Even if the allegations on the face of it are accepted, the petftioner alleged to have been drafted the alleged Will. The person, who drafted the said Will is not supposed to know the truth otherwise and is not attesting witnesses to the signature or thumb mark of the or
3 executants of the Will. Learned counsel finally prays for quashment of the case of the petitioner. i i / /
6. Per contra,
learned counsel for respondent No.2 would submit that there are specific allegations made against the petitioner, since she is the counsel for Accused No.1. The petitioner has played a vital role in creation of the forged Will. Learned counsel finally submitted that this is not a fit case to quash the crime and prays for dismissal. Learned Assistant Public Prosecutor would submit that this petition is
7. filed at the stage of F.I.R, because of the stay granted by this Court, the be disposed of by directing the ! —-./ilC + i.'-JCjf! II I V ic c+csMciH V>LC4IIWN^. I IV^IIW W , III r%n w 11 Police to conclude the investigation and file a report. Considering the submissions made by both the counsel and fair look at
8. the material placed on record, the allegation made against the petitioner herein is that being a counsel of Accused No.1, she has played a vital role in creation of forged Will, after death of the executant of the Will.
9. As rightly put by learned Assistant Public Prosecutor, because of the stay the investigation is stalled. In that view, it is opposed to allow the Criminal Petition.
10. Accordingly, this Criminal Petition is disposed of, directing the Police to conclude the investigation and file a report according to law, without causing prejudice to the rights and contentions of the petitioner as expeditiouslyas Possible.
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11. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
SD/- A VENU GOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Station House Officer, Old Guntur Police Station, Guntur urban, Guntur District One CC to Sri Kona N.D.V Ramana Rao, Advocate [OPUC] One CC to Sri Phani Teja Cheruvu, Advocate [OPUC] Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Three CD Copies
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HIGH COURT MV DATED: 12/02/2025
ORDER CRLP.No.10541 of 2022 X DISPOSING OFF THE CRIMINAL PETITION