APHC010060182020 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI SMB WEDNESDAY. THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOS: 863. 941 AND 1035 OF 2020 CRIMINAL PETITION NO: 863 OF 2020 Between: 1. M Brahmanada Reddy (A22), S/o Siva Shankar Reddy, Aged; 42 Years Occ: Business, R/o H.No. 2/17, Allur Village, Kurnool Dist Nandikotkur Mandal 2. K. Parvathi (A23), W/o K. Sanjeeva Reddy, Aged 44 Years, Occ: Housewife, R/o H.No. 80-11/7, Krishna Nagar, Kallur, Kurnool Dist. 3. P. Sreedevi (A24), W/o P. Dosa Reddy, Aged 49 Years, Occ: Housewife, R/o H.No. 78-10-EL, Upstairs, Krishna Nagar, Kallur, Kurnool dist 4. T. Sireesha (A25), C/o T. Damodhar Reddy, Aged 43 Years, Occ: Housewife, R/o H.No. 2/17, Allur Village, Nandikotkur Mandal, Kurnool Dist. 5. P. Uma Devi (A26), W/o P. Krishna Reddy, Aged 47 Years, Occ; Housewife, R/o Tartur Village, Jupadu Bunglow Marydal, Kurnool Dist. 6. P. Sunitha (A27), W/o P. Kesava Reddy, Housewife, R/o Tartur Village, Jupadu Bunglow Mandal, Kurnool Dist. Aged 39 years, Occ: 7. M. Jothi (A28), W/o M. Loka Reddy, Aged 70 Years, Occ: Housewife, R/o Tartur Village, Vepuna.gandal, Now Pentlavelli Mandal, Mahaboob nagar Dist Telangana State. 8. Y. Ramachandra Reddy (A29), S/o Y. Kantha Reddy, (A29) Aged Major, Occ: Employee, R/o Parla Village, Kallur mandal, Kurnool Dist. 9. K. Rukmini Devi (A30), W/o K.R. Krishna Reddy, (A30) Aged Major, Occ: Housewife, R/o. Tanappa Chetty Street, Mittur, Chittoor Dist. 10.M Sharadamma (A31), W/o C Jayaram Reddy (A31) Aged . Major Occ: House Wife R/o H.No . 1-53, Veltur Village, Bhinnambavi Mandal Wanaparthy District (T.S) II.Dodda Eswaramma (A32), W/o D. Krishna Reddy, Aged 79 Years, Occ: Housewife, R/o H.No. 2/38, Vadderaanu Village, Nandikotkur Mandal, Kurnool Dist 12. D.Hussain Saheb (A33), S/o Nabi Saheb, Aged 60 Years, Occ: Agriculutre, R/o H.No. 4/67, Allur Village, Nandikotur Mandal, Kurnool Dist. 13.P.Sreedevi (A34), W/o P. Vishnu Brahmananda Reddy, (A34) Aged 44 R/o H.No. 1/45, Vaddemanu village. Years, Occ: Housewife, Nandikotkur mandal, Kurnool Dist. ...Petitioners/Accused AND 1. state of A.P., rep. by its Public Prosecutor, High Court of A.P. At Amaravathi 2. C Bhaskar Reddy, S/o. C. Sankar Reddy, Aged 52 years, Occ: President, Ramapriya Nagar Plot Owners Welfare Association, Kurnool, Regd.No.293/2011, R/o.H.No.9-102, Gowripeta, Bethamcherla Village and Mandal, Kurnool District. As respondent No.2 is died, C. Bhaskar Reddy is come on record in place of deceased respondent No.2 i.e., M.V. Ranga Reddy as Respondent No.2 as per Court order dated 03.07.2023 in I.A.No.1 of 2023 in Crl.P.No.863 of 2020. ...Respondents Petition under Section 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 may be pleased to call for the records in relating to FIR No. 7 of 2019 dated 27.09.2019 on the file of the CCS Police Station, Kurnool District U/s 420,468, 471 r/w 34 IPC and quash the same. [A NO: 2 OF 2023 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 receive the material annexed herewith in Crl.P.No.863/2020 to meet the ends of justice. Counsel for the Petitioners: SRI 0 MANOHAR REDDY representing SRI LAKSHMIKANTH REDDY DESAI Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI R RAMANJANEYULU CRIMINAL PETITION NO: 941 OF 2020 APHC010067652020 Between: 1. S Maddamma (A3), W/o S. Thirupataiah, Aged 48 Years, Occ: Housewife, R/o H.No. 69-702/A, Maalaveedhi, Near Water Tank, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 2. S.Rajesh (A4), S/o Late S. Pedda Thirupathiaiah, Aged 38 Years, Occ: Agriculture, R/o H.No. 69-702-B, Maalaveedhi, Joharapuram Village, Kurnool, Mandal, Kurnool Dist. 18th Ward, 3. S.Srenivasulu (A5) , S/o Late S. Pedda Thirupathiaiah, Aged 37 Years, 18th Ward, Occ: Agriculture, R/o H.No. 69-702-B, Maalaveedhi, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 4. S.Sreedevi, S/o Late S. Pedda Thirupathiaiah, (A6) Aged Major, Occ: Housewife, R/o H.No. 69-702-B, Maalaveedhi, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 18th Ward 5. S Jayamma, W/o. S. Rajesh, (A7) Aged 35 Years, Occ: Housewife, R/o H.No. 69-702-B, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 6. S. Chinna Thirupathaiah, S/o Late S.Vemkataiah, (A8) Aged Major Occ: Business, R/o H.No. 69-702-B, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 7. S.Chandra Sekhar, S/o. S. Chinna ThirLupathaiah, (A9) Aged 30 Years, Occ: Agriculture, R/o H.No. 69-702-B, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 8. S. Ramesh, S/o Late S. Venkataiah, (A10) Aged Major, Occ: Business, R/o H.No. 69-702, Maalaveedhi, 18th ward, Joharapuram Village, Kurnool Mandal, Kurnool Dist. 9. S.SaiIja, W/o S.Ramesh, (All) Aged Major, Occ: Housewife, R/o H.No. 69-702, Maalaveedhi, 18th ward, Joharapuram Village, Kurnool Mandal, Kurnool Dist. 10.C. Venkatamma (A12), W/o C.Naganna, Aged 70 Years, Occ: Coolie R/o H.No. 3/324, Uppalapadu Village, Orvakal Mandal, Kurnool Dist. 11.C. Nagaraju (A13), S/o C. Naganna, Aged 38 Years Occ Agriculture R/o H.No. 3/324, Uppalapadu Village, Orvakal Mandal, Kurnool Dist. 12.Avula Siva (A15), M/o. Late Avula Nagamma, Aged 28 Years Occ Student, R/o H.No. 69-655-B, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 13.Gadda Mangamma, W/o G Jesu Daasu (A16) Aged 50 years , Occ: House Wife R/o 69-657-C , Mala Street, Joharapuram , Kurnool Town and. District 14.G. Deva Bala Krishna, M/o G. Maganna,(A17) Aged 34 Years, Occ: Business, R/o H.No. 69-657-C, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 15.W. Sowmya, W/o W. Munindra Babu,(A18 Aged 30 years Occ: Housewife, R/o H.No. 69-657-C, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 16.Pedda Venkatamma, W/o late S. Venkataiah, (A19) Aged 70 yeras Occ: Coolie, R/o H.No. 69-657-C, Maalaveedhi, 18th Ward, Joharapuram Village, Kurnool, Mandal, Kurnool Dist 17.K.Vijaya Kumar @ E. Kumar (A20), S/o Late K. Subramanyam, Aged Major, Occ: Business, R/o D.No.40/790-3, Dharmgpeta, Kurnool Dist. 18.R. Immanuel, S/o Late R. Sreenivas Rao, (A21) Aged Major, Occ: Business, R/o H.No. 49-50A-442, Sreera Nagar, Kurnool City, Kurnool Dist 19.Anipi Reddy Venkata Suchitra Rddy, D/o D Vishnuvardhan (A36) Aged Major, F.No.4A5-9-22/17.Adarsh Nagar, Hyderabad 20. D Mitravinda, D/o D Vishnuvardhan (A37) Aged Major, F.No.4A5-9- 22/17,Adarsh Nagar, Hyderabad ...Petitioners AND 1. State of A.P., rep. by its Public Prosecutor, High Court of A.P. At Amaravathi. 2. C Bhaskar Reddy, S/o. C. Sankar Reddy, Aged 52 years, Occ President, Ramapriya Nagar Plot Owners Welfare Association, Kurnool, Regd.No.293/2011, R/o.H.No.9-102, Gowripeta, Bethamcherla Village and Mandal, Kurnool District. (As respondent No.2 is died, C. Bhaskar Reddy is come on record in place of deceased respondent No.2 i.e., M.V. Ranga Reddy as Respondent No.2 as per Court order dated 03.07.2023 in I.A.No.1 of 2023 in Crl.P.No.941 of 2020.) ...Respondent(S): 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 call for the records in relating to FIR No. 7/2019 dated 27.09.2019 on the file of the CCS Police Station, Kurnool District U/s 420,468, 471 r/w 34 IPC and quash the same. Counsel for the Petitioner Nos.1 to 18: SRI O MANOHAR REDDY representing SRI LAKSHMIKANTH REDDY DESAI Counsel for the Petitioner No.19: SRI G L NAGESWARA RAO Counsel for the Petitioner No.20: SRI SK RIZWAN ALI Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI R RAMANJANEYULU CRIMINAL PETITION NO: 1035 OF 2020 APHC010073982020 Between: 1. B Vamsi Krishna (A35), C/o B Ramesh, Aged Major, Occ: Business R/o H.no 8/219, Kavadi Veedhi, Pinjari Street, One Town, Kurnool 2. KommiReddy Ram MohanRao (A38), S/o K Venkateswara Rao, Aged Major, Occ; Business, R/o H.No 4-209-5-A, Mamatha Nagar, Statanpuram Kurnool 3. Vasi Reddy Kiran (A39), S/o Narasimha Rao, Age Major, Occ; Business R/o Flat No 403, Ucon Plaza, Park Road, Kurnool City ...Petitioners AND 1. State of A.P., rep. by its Public Prosecutor, High Court of A.P. At Amaravathi. 2. C Bhaskar Reddy, S/o. C. Sankar Reddy, Aged 52 years, Occ; President, Ramapriya Nagar Plot Owners Welfare Association, Kurnool, Regd.No.293/2011, R/o.H.No.9-102, Gowripeta, Bethamcherla Village and Mandal, Kurnool District. (As respondent No.2 is died, C. Bhaskar Reddy is come on record in place of deceased respondent No.2 i.e., M.V. Ranga Reddy as Respondent No.2 as per Court order dated 03.07.2023 in I.A.No.1 of 2023 in Crl.P.No.1035 of 2020.) ...Respondents 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 call for the records in relating to FIR No. 7 of 2019 dated 27.09.2019, on the file of the CCS Police Station, Kurnool District U/s 420, 468, 471 r/w 34 IPC and quash the same. Counsel for the Petitioners: SRI O MANOHAR REDDY representing SRI SAI SARAN CHODISETTY Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI R RAMANJANEYULU The Court made the following: APHC010060182020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 863/2020 [3457] Between: M Brahmanada Reddy and Others ...PETITIONER/ACCUSED(S) AND State Of Ap and Others Counsel for the Petitioner/accused(S): 1.LAKSHMIKANTH REDDY DESAI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.R RAMANJANEYULU ...RESPONDENT/COMPLAINANT(S) CRIMINAL PETITION NO: 941/2020 Between: S Maddamma and Others ...PETITIONER/ACCUSED(S) AND State of AP and Others Counsel for the Petitioner/accused(S): 1.RIZWAN ALI SHAIK 2.G L NAGESWAR RAO 3.LAKSHMIKANTH REDDY DESAI Counsel for the Respondent/complalnant(S): 1.PUBLIC PROSECUTOR (AP) 2.R RAMANJANEYULU ...RESPONDENT/COMPLAINANT(S) CRIMINAL PETITION NO: 1035/2020 Between: B Vamsi Krishna and Others ...PETITIONER/ACCUSED(S) AND State Of Ap and Others Counsel for the Petitioner/accused(S): I.SAI SARAN CHODISETTY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.R RAMANJANEYULU The Court made the following Common Order ...RESPONDENT/COMPLAINANT(S) 11.211 CRLP. Nos.863, 941 and 1035 of 2020 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION Nos.863. 941 and 1035 of 2020 COMMON ORDER : 1. The criminal petitions are filed seeking quash of Crime No.7 of 2019 on the file of Kurnool CCS Police Station, Kurnool District. Accused Nos.3 to 21 have filed CRLP.No.941 of 2020, Accused Nos.22 to 34 have filed CRLP.No.863 of 2020 and Accused Nos.35 to 39 have filed CRLP.No.1035 of 2020. 2. Sri.O.Manohar Reddy, learned senior counsel appears on behalf of petitioners. The learned senior counsel submits that a complaint was filed before the Superintendent of Police, Kurnool on behalf of Ramapriya Nagar, Plot Owners Welfare Association alleging that Harijana Sanuvadi Venkataiah (late) and 38 others had fabricated the documents of Survey No.686/1 of Ramapriya Nagar, Kurnool Town and the President of the Association gave a complaint to the Superintendent of Police, Kurnool. On the strength of the Complaint the CCS Police have registered Crime No.7 of 2019 alleging offences under Sections 468, 420, 471 read with 34 of I PC. 3. The learned senior counsel submits that a complaint was lodged behalf of the Ramapriya Nagar Plot Owners Welfare Association, Kurnool alleging that the children of S. Venkataiah had fabricated documents and got layout permission No.111/87 on CRLP. Nos.863, 941 and 1035 of 2020 and thereafter created sale deeds on the names of various persons by colluding with the General Power of Attorney Holders K.E.Kumar and R.Immanuel. The learned senior counsel further submits that OS.Nos.560 of 2010 and 552 of 2011 were filed by the Plot Owners of Ramapriya Nagar of Survey No.686/1 of Kalluru Village. The suits were filed for permanent injunction and the suits were dismissed vide a common judgment dated 04.06.2018. 4. It is submitted by the learned senior counsel that the appeal suits vide AS.Nos.49 of 2018 and 50 of 2018 were also dismissed on 29.02.2024 by the Principal District Judge, Kurnool. It is submitted that the 2"*^ respondent was aware of the claim of the petitioners over the property forming part and parcel of Survey No.686/1 as on the date of filing of the suit for injunction in the year 2010. However, a criminal complaint was filed in the year 2019. It is submitted that the suit filed for injunction was dismissed after a full-fledged trial. The appeal suits were also dismissed on merits. 5. The learned senior counsel further submits that very registration of an FIR against Accused Nos.1 and 2 who are no more as on the date of registration of Crime No.7 of 2019 is a fundamental mistake committed by the Police. It is also submitted that the UAH CRLP. Nos.863, 941 and 1035 of 2020 police could not have registered a crime against a dead persons and proceed with investigation against a dead person. 6. The learned senior counsel appearing for the 2'^'' respondent appearing virtually online submits that it is a clear case of cheating committed by the accused and that a collusive pre litigation application was filed before Lok Adalat and that Pedda Venkatamma was not the daughter of Saluvadi Venkataiah and that she was the wife of S. Venkataiah. An Award was obtained directing them to register partition deed and that it purposefully not registered. It is submitted that GPA was given to A.Kesava Narayana by S. Venkataiah and late P.Madanna and that plots were sold by the Power of Attorney and that several documents were fabricated and false sale deeds were created. 7. The learned counsel for the 2"^^ respondent relies upon the report of the Advocate-Commissioner submitted in IA.No.1686 of 2019 was in AS.No.49 of 2018 and submits that the Advocate- Commissioner report would be crucial to establish that the petitioners have fabricated the documents. It is also submitted that the second appeal vide SA.No.251 of 2024 is filed and is also pending consideration before this Court. 8. Heard the learned senior counsel appearing for the petitioners and the learned counsel for the 2'"'^ respondent and also the CRLP. Nos.863, 941 and 1035 of 2020 learned Assistant Public Prosecutor for the State. Perused the material on record. 9. The police have registered Crime No.7 of 2019 by showing Accused Nol as LATE HARIJANA SALUVADI VENKATAIAH and Accused No.2 as LATE S.PEDDA TIRUPATHAYYA, apart from the other named accused. 10. The allegations against the petitioners under Sections 468, 420, 471 read with 34 of IPC are made in the year 2019. The averments of the complaint relate to incidents which according to the complainant relate to the documents registered in the year 1984, 1987, 2006 and an Award passed by the Legal Services Authority in the year 2006 and GPAs relating to the year 2009. 11. It is not in dispute that the complainants have filed two civil suits in the year 2010 seeking injunction. The suits were dismissed as the plaintiffs in the suits could not substantiate their possession. The suits were dismissed after a full-fledged trial. The appeal suits were also dismissed. This would go to show that the defacto complainant had knowledge of the alleged fabrication of documents or creation of false documents by the petitioners early as the year 2010. There is no explanation as to what prevented the 2'^^ respondent from filing a complaint soon after they came to know about the alleged fabrication of documents. as 5;^ CRLP. Nos.863, 941 and 1035 of 2020 12. It is not in dispute that the petitioners are in possession of registered sale deeds. The plots were purchased after paying sale consideration to their vendors. Execution of registered sale deeds after payment of sale consideration and any dispute over the title would have to be dealt before the appropriate civil Court by filing an appropriate suit seeking the appropriate remedy. 13. The title dispute is raised by the respondent and the civil dispute is now given a criminal flavor and a complaint is filed. 14. Registering a criminal case against dead persons and continuing to investigation against dead persons is a nullity in law. On this ground alone the Crime No.7 of 2019 deserves to be quashed. That apart, the allegations under Section 468, 420, 471 of IPC could not have been made after lapse of nine years from the date of knowledge. On this count also Crime No.7 of 2019 is hereby quashed as it is hopelessly barred by limitation. 15. On these two grounds, this Court is of the considered view that the Crime No.7 of 2019 deserves to be quashed and accordingly criminal petitions are allowed. 16. Accordingly, criminal petitions are allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Additional Civil Judge (Senior Division), Kurnool District. 2. The Station House Officer, Kurnool CCS Police Station, Kurnool District. 3. One CC to Sri Lakshmikanth Reddy Desai, Advocate [OPUC] 4. One CC to Sri Sai Saran Chodisetty, Advocate [OPUC] 5. One CC to Sri SK Rizwan Ali, Advocate [OPUC] 6. One CC to Sri G L Nageswara Rao, Advocate [OPUC] 7. One CC to Sri. R Ramanjaneyulu, Advocate [OPUC] 8. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 9. Two CD Copies SAM vna HIGH COURT DATED:18/06/2025 COMMON ORDER CRLP Nos.863, 941 and 1035 of 2020 ALLOWING THESE CRIMINAL PETITIONS