Contd..2P… APHC010094222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2576/2025 Between: Kamodula Suri Babu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. RAJESH KUMAR B Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following order: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submits that the 2nd respondent filed a complaint with the police at Bhavanipuram police station, alleging that the petitioners committed offences under Sections 329(4), 351(2) read with Section 3(5) of the Bharatiya Nayaya Sanhita, 2023 [for short ‘B.N.S.’]. Based on the complaint, the police registered a case in Crime No.675 of 2024 and conducted -2- CRL.P. No.2576 OF 2025 an investigation. It is further submitted that a suit in O.S. No.143 of 2022 is pending on the file of the II Additional District Judge, Vijayawada, and an injunction is also granted in favour of the petitioners. The petitioners ought not to be disturbed from their possession as per the orders of the II Additional District Judge. The allegation of the trespass into their own property cannot be sustained. 3. The learned Assistant Public Prosecutor submits that the petitioners fabricated the document of the year 1975, and as such, the provision of law was altered from sections 329(4), 351(2) to sections 338, 336, 318(4), and 340, read with section 3(5) of B.N.S. It is further submitted that the property does not belong to the petitioners or the 2nd respondent. The original owner of the property was one P.Durga Prasad, who acquired the property vide document No.2055/1975. The said deed was fabricated, and a document dated 1582/1975 was created. 4. Considering the submission of the learned counsel for the petitioners and the learned Assistant Public Prosecutor, the police, Bhavanipuram police station/investigation officer, to complete the investigation in Crime No.675 of 2024 without taking any coercive Contd…3P… -3- CRL.P. No.2576 OF 2025 steps against the petitioners as long as they cooperate with the investigation. This would not preclude the station house officer/ investigation officer from filing a charge sheet or final report. 5. Accordingly, the criminal petition is disposed off. 6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. _____________________ JUSTICE HARINATH. N BV