APHC010590822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11533/2025 Between: 1. THATI POTHULURAIAH, S/O VEERANJANEYULU AGED ABOUT 54 YEARS, R/O D.NO.403, B BLOCK,V.K.B ENCLAVE, SUJATHA NAGAR, ONGOLE,PRAKASAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. 2. DUDDURKURU LAKSHMI PARVATHI, W/O AUDINARAYANA RAO, AGED ABOUT 45 YEARS,R/O NDR LAYOUT, USMANSAHEBPETA,NELLORE CITY. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to direct the II Additional Judicial Magistrate of First class, Nellore, SPSR Nellore District to return the sale deed bearing 1447 of 2011 dated 18.03.2011 belonging to the petitioner by relaxing the condition of depositing the title deeds towards surety in CRL.M.P No 2423 of 2016 dated 20.09.2016 the interests of justice and pass Counsel for the Petitioner/accused: 1. P RAVIKANTH 2 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11533/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short „Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS‟) has been filed by the petitioner, seeking a direction to the learned II Additional Judicial Magistrate of First class, Nellore, SPSR Nellore District, to return the sale deed bearing No.1447 of 2011 dated 18.03.2011, belonging to the petitioner by relaxing the condition of depositing the title deeds towards surety in CRL.M.P.No 2423 of 2016 dated 20.09.2016. 2. Heard Sri P.Ravikanth, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that in the light of the directions issued in Crl.P.No.2739 of 2025 by a Coordinate Bench of this Court vide Orders dated 13.03.2025, permitting the petitioner to file a petition before the concerned Magistrate Court, they have filed a petition. But that was returned questioning the maintainability. 4. As can be seen from the impugned “Return”, it is an administrative action and it was done by the office of the concerned Magistrate Court. It is always open to the petitioner to request the Office to place the matter before the Bench and then the concerned Magistrate can look into the Order passed 4 by the Coordinate Bench of this Court in Crl.P.No.2739 of 2025 dated 13.03.2025 and take appropriate decision according to law. 5. In that view, this Criminal Petition is disposed of giving liberty to the petitioner to comply the objection taken by the Office and pursue his application/petition before the concerned Magistrate Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11533/2025 Dated.07.11.2025 UPS 55