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2025 DAILYLAW 55685 (AP)

N RADHA KRISHNA v. K C CHOWDAPPA

CRLP/4462/2025 · 2025-04-23

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4462 OF 2Q2fi Between: 1. N RADHA KRISHNA, S/o. N. Lakshumaiah Bank Manager, R/o. D.No.7/217,JayanagarColony Kadapa District. Andhra Pradesh. Aged about 65 years, Retd. Kadapa City, ...PETITIONER/ACCUSED/RESPONDENT IN CRLRP AND 1. K C CHOWDAPPA, S/o. Pedda Dasappa. Aged about 70 D.No.7/175-2, Jayanagar Colony, Kadapa City, Kadapa Pradesh. 2. K Ranganayakamma,, W/o. K.C.Chowdappa, Aged about R/o, D,No.7/175-2,JayanagarColony, Kadapa City, Kadapa District Andhra Pradesh. years, R/o. District, Andhra 68 years ...respondent/revision/petitioner 3. The State of Andhra Pradesh,. Rep by the Public Prosecutor, Court of Andhra Pradesh at Amaravat High ...RESPONDENT 0 i / Petition under Section 528 of BNSS., praying that in the circi^stances stated in the Memorandum of Grounds of Criminal Petition, ■ th^ High Court pleased to Quash the proceedings in Crl.RP.No.27 of 2022 in G.ii.N(i322 of 2021, pending on the file of Hon ble Principal District Judge and Sessions Court at Kadapa, in the interest of equity and justice while ■ exercising its inherent jurisdiction under Section 528 of BNSS. 2023 to the extent of the Petitioner herein and pass •i. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings, including presence of the Petitioner in Crl.RP.No.27 of 2022 in CFR.No.322 of 2021, pending on the file of Hon’ble Principal District Judge and Sessions Court at Kadapa, pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N ASHWANI KUMAR .Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. The Court made the followingrORDER 1 % CRL.P. No.4462 OF 2025 % APHC010211462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4462/2025 Between: N Radha Krishna ...PETITIONER/ACCUSED AND K C Chowdappa and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.N ASHWANI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: p 4 2 CRLP. No.4462 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4462 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the state. 2. The petitioner is aggrieved by the order of the Principal District Judge, Kadapa, in entertaining Criminal Revision Petition No.27 of 2022 in C.F.R. No. 322 of 2021, and issuing notice thereon. 3. The learned counsel for the petitioner submits that respondents 1 and 2 have filed a private complaint in C.F.R. No. 322 of 2021 before the II Additional Judicial Magistrate of First Class, Kadapa, seeking a direction to refer the complaint to the police for alleged offences under Sections 447, 448, 457, 500 and 506 of the Indian Penal Code, 1860. The learned Magistrate dismissed the complaint with cogent reasons. Challenging the same, the respondents 1 and 2 have filed criminal revision petition before the learned District Judge, which was considered and issued notice. \ 4. The learned counsel for the petitioner submits that the petitioner is in possession of the disputed property, which has been adjudicated in civil proceedings. The learned counsel further submits that the petitioner recently became aware of the pendency of the criminal revision petition and that the petitioner has not yet been set ex parte and undertakes to file his counter and instruct his counsel to argue the ma^tei\ 3 CRL.P. No.4462 Of 2025 5. Considering the submissions that the petitioner would file his and his counsel has undertaken to counter argue the matter, the appearance of the petitioner in Criminal Revision Petition No.27 of 2022 is dispensed with. However, this order wouid not preciude the etamed District Judge from adjudicating Criminal Revision Petition No.27 of 2022 merits. i on its own 6. Accordingly, the criminal petition is disposed of. 7. Miscellaneous petitions, if any pending in this criminal petition shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGIST^ //TRUE COPY// SE N OFFICER To 1. The Principal District Judge and Sessions Court Andhra Pradesh. 2. One CC to'SRI. N ASHWANI KUMAR, 3. Two CCS to the PuWic Prosecutor, High Court of A. PAmaravati [OUT] 4. Three CD Copies at Kadapa District, Advocate [OPUC] '>* r- '"'■S r t HIGH COURT \ DATED:24/04/2025 ORDER ^[^JUL2025 )s) nt Sectii CRLP.No.4462 of 2025 '45 DISPOSEING THE CRIMINAL PETITION.