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2025 DAILYLAW 47543 (AP)

K. Kumara Swami, v. The State of Andhra Pradesh

CRLP/1283/2024 · 2025-09-21

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010103212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1283/2024 Between: 1. K. KUMARA SWAMI, S/O JANKI RAMAYYA, SURVEYOR, 52 YRS, N/O LAKSHMIPURAM VILLAGE, PALASA MANDAL, SRIKAKULAM DISTRICT PRESENTLY WORK AS TOWN SURVERYOF GVMC VISAKHAPATNAM. 2. SOLABAM BALAM NAIDU, S/O SANYAISNAIDU, 42 YRS, NOW VRO AT GOLUGONDA MRO OFFICE, R/O BENNAVARAM VILLAGE VRO YENDAPALLI VILLAGE, CHINTHAPALLI MANDAL, ALLURI SEETHARAMA RAJU DISTRICT. 3. LAKHE KRISHNA MURTY, S/O SOMANNADORA, 45 YRS, BENNAVARAM VILLAGE OF PANCHYAT OF CHINTHAPALLI MANDAL, ALLURI SEETHARAMA RAJU DISTRICT, NOW AT ELECTIONS SENIOR ASST IN RDO OFFICE NARASIPATNAM. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. THE TAHSILDAR, KOTAURATLA MANDAL, ANAKAPALLI DISTRICT (OLD DISTRICT VISAKHAPATNAM). ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. SIMHACHALAM KARUKOLA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 19731, has been filed by the Petitioners / Accused Nos.5, 6 and 8, to quash the proceedings against them in C.C.No.376 of 2018 on the file of the Court of Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District for the offences under Sections 420, 465, 467, 468, 471 read with 34 IPC. 2. Sri Karukola Simhachalam, learned counsel for the Petitioners would submit that the subject matter is squarely covered by the order dated 05.08.2024 passed by a Coordinate Bench of this Court in Crl.P.No.2058 of 2019, wherein the proceedings against Accused Nos.1 to 4 in C.C.No.376 of 2018 on the file of the Court of Additional Judicial First Class Magistrate, Narsipatnam, have been quashed. Learned counsel would further submit that the Petitioners herein, who are the Surveyor, V.R.O and Senior Assistant in R.D.O Office, are also on the same footing. 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4. As seen from the order dated 05.08.2024 passed by a Coordinate Bench of this Court in Crl.P.No.2058 of 2019, the proceedings against Accused Nos.1 to 4 were quashed based on the report submitted by Respondent No.2 / Tahsildar holding that Accused Nos.1 to 4 are the owners of the subject land and pattadar pass books were also restored in the name of Accused No.1. Such being the case, continuation of the criminal proceedings 1 For short ‘Cr.P.C. 3 against the Petitioners herein, who are the Revenue Officials, and who are on the same footing, is nothing but an abuse of process of Court. Therefore, it is a fit case for quashment of the proceedings against the Petitioners / Accused Nos.5, 6 and 8. 5. According, this criminal petition is allowed and the proceedings against the Petitioners / Accused Nos.5, 6 and 8 in C.C.No.376 of 2018 on the file of the Court of Additional Judicial First Class Magistrate, Narsipatnam, Visakhapatnam District, are hereby quashed. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:22.09.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1283 of 2024 Dt.22.09.2025 Dinesh