MR SHAIK CHAN BASHA v. THE STATE OF ANDHRA PRADESH
CRLP/885/2025 · 2025-04-01
K Suresh Reddy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5200 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5200 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HON'BLE SRI JUSTICE K.SURESH REDDY CRIMINAL PETITION No. 885 OF 2025
ORDER:
As per the directions of My Lord the Hon'ble the Chief Justice, this criminal petition has been allotted to this Bench by notice dated 25-03-2025 and the same is treated as part of the roster effective from 26-03-2025.
2. This criminal petition, under Section 482 of Bharatiya Nagarik Suraksha Sanhita, is filed by the petitioners-accused Nos. 1 and 2 seeking to release them on bail in the event of arrest in crime No. 135 of 2024 of Thottambedu Police Station, Tirupati District, registered for the offences punishable under Sections 420, 467, 471 and 506 read with Section 34 IPC.
3. Heard Sri A.Chandraiah Naidu, learned counsel appearing for the petitioners-accused Nos. 1 and 2, and learned Additional Public Prosecutor appearing for the respondent-State.
4. Case of the prosecution is that the petitioners, claiming to be the owners, sold certain house plots to de facto complainant under sale letters dated 02-11-2023 and 15-05-2024. After purchasing, de facto complainant has constructed house and shops in the said
2 plots. While so, on 16-06-2024, the municipal authorities came to the said plots and demolished the constructions on the ground that the said plots belong to the Government.
5. Sri A.Chandraiah Naidu, learned counsel appearing fort the petitioners-accused Nos. 1 and 2, contends that the Government allotted the subject land to the petitioners long time back; that the Tahsildar, Srikalahasti Mandal, issued possession certificate dated 10-03-2010 considering the petitioners' long possession over the subject land and that the petitioners have been paying tax to the municipal authorities and also obtained electricity connection.
Learned counsel therefore requests this Court to grant anticipatory bail to the petitioners-accused Nos. 1 and 2.
6. This Court has perused possession certificate dated 10-03-2010 filed by the petitioners-accused Nos. 1 and 2. According to the possession certificate, the revenue authorities recognized the possession of the petitioners over the subject land and it is indicated in the said certificate that it cannot confer any title over the subject land. As seen from the above certificate, the petitioners have no right whatsoever to alienate the subject land
3 belonging to the Government. As such, this Court is not inclined to grant anticipatory bail to the petitioners-accused Nos. 1 and 2.
7. Accordingly, the criminal petition is dismissed.
_____________________
JUSTICE K.SURESH REDDY Date: 01-04-2025, JSK
4 HON'BLE SRI JUSTICE K.SURESH REDDY
CRIMINAL PETITION No. 885 OF 2025
DATE: 01ST APRIL, 2025
JSK