APHC010521642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10236/2025 Between: JONNAKUTI RAMARAO, S/O.GURU SWAMY, 66 YEARS, R/O.D.NO. 1- 6-12, SAISRI ENCLAVE, SRIRAM NAGAR, BHANUGUDI JUNCTION, KAKINADA ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AMARAVATHI 2. SUBINSPECTOR OF POLICE, PITHAPURAM RURAL POLICE STATION PITHAPURAM. 3. BAVISETTI MANIKYAM, S/O.SURYANARAYANA AGE, 43 YEARS, VILLAGE REVENUE OFFICER, KUMARAPURAM VILLAGE, PITHAPURAM PITHAPURAM VILLAGE ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. M BALANAGA SRINIVAS Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner / Accused, seeking quashment of the proceedings against him in C.C.No.131 of 2021 on the file of the Court of Additional Judicial First Class Magistrate, Pithapuram for the offences under Sections 447 and 427 IPC. 2 2. Sri M.Balanaga Srinivas, learned counsel for the Petitioner would submit that the wife and daughter of the Petitioner have filed a suit in O.S.No.96 of 2020 on the file of the Court of Principal Junior Civil Judge, Pithapuram seeking declaration of right and title over the plaint schedule properties, consequential permanent injunction, and also mandatory injunction. Learned counsel would further submit that the Civil Court has granted interim injunction in favour of the Plaintiffs in the said suit. While the said suit is pending before the competent Civil Court, wherein, the Complainant herein and other Government Officials are Defendants, the present case has been lodged against the Petitioner. Learned counsel would further submit that, when a civil suit is pending before the competent Court for declaration of title, permanent injunction and mandatory injunction against the Government and Revenue Officials, this criminal case of trespass and cause of damage, is not maintainable at this stage. Learned counsel would further submit that, it is left open to the Complainant to lodge a case subject to the result of the civil suit. 3. Inspite of service of notice, none appeared for Respondent No.3. 4. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. It is not the case that the Petitioner has nothing to do with the subject land and they have trespassed into the Government land. The material would show that the daughter of the Petitioner purchased the subject land by way of a registered Sale Deed in the year 1992 and the Petitioner has been 3 cultivating the said land for the sake of his daughter. While so, the Government wanted to acquire the said land for the purpose of giving house sites to the poor people. In that view, the Eastern side boundary owner has sold away the property to the Government. In that regard, the present issue has come up. 6. In view of the above mentioned facts and circumstances, this Court is of the view that, during pendency of a civil suit before the competent civil Court with regard to the subject land, continuation of criminal proceedings against the Petitioner with regard to the said property is abuse of process of law. Hence, the same are liable to be quashed. 7. In the result, the Criminal Petition is allowed and the proceedings against the Petitioner / Accused in C.C.No.131 of 2021 on the file of the Court of Additional Judicial First Class Magistrate, Pithapuram for the offences under Sections 447 and 427 IPC, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:18.11.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10236 of 2025 Dt.18.11.2025 Dinesh