1 APHC010100912022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 1757 & 1758/2022 CRIMINAL PETITION NO: 1757/2022 Between: Poola Ramakrishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. S VARADARAJULU CHETTY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) CRIMINAL PETITION NO: 1758/2022 Between: Poola Ramakrishna ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. S VARADARAJULU CHETTY Counsel for the Respondent/complainant: 2 1. The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos: 1757 & 1758/2022 COMMON ORDER: Since the issue involved in these Criminal Petitions is one and the same, at the request of the learned counsel on both sides, these matters are heard together and passed the following Common order. 2. Heard Sri S.Varadharajulu, learned Counsel for the petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned Counsel for the petitioners would submit that a false case has been lodged against the petitioner for the offences under Sections 447, 434 of IPC and Section 3 of the Prevention of Damage to Public Property Act in Crime No. 44 of 2020. Learned Counsel would submit that absolutely there is no material to attract the alleged offences against the petitioner. Learned Counsel would further submit that petitioner herein filed W.P.No.2018 of 2020 before the High Court and vide Order dated 31.01.2020, the respondent- authorities were directed to follow the due process of law, if they intend to dispossess the petitioner. Learned Counsel would further submit that thereafter the revenue authorities have not issued any notice to the petitioner for his dispossession from the land. Instead the very same Tahsildar, who was a party in the Writ Petition, lodged the present complaint on hearsay information to the fact that the petitioner herein has removed the stones fixed by the Revenue authorities for distribution of that land to landless poor under 4 „Navaratnalu‟ Scheme. Learned counsel would further submit that it is private patta land and not a Government Land to issue pattas to the poor people. Learned Counsel would further submit that after one year of the earlier case, (i.e., C.C.No.180 of 2020 in Crime No. 44 of 2020), a fresh case has been lodged against the petitioners (A1 to A3) in Crime No. 27 of 2021 (in C.C.No.1356 of 2021)under Section 353 r/w 34 of IPC, stating that they have given consent to the Government for issuance of House sites to the poor and when the authorities went to the site for marking of house plots they have made objection due to which case has been lodged. Learned Counsel would further submit that continuing Criminal Proceedings against the petitioners is mere abuse of process of law. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. Considering the submissions made and on a fair look at the material on record, after due investigation, the Police filed charge sheet against the petitioner for the offences punishable under Sections 447, 434 of IPC and Section 3 of Prevention of Damage to Public Property Act. The Court has taken cognizance in C.C.No.180 of 2020. As rightly put by the learned Counsel for the petitioner, the petitioner approached this Court by filing W.P.No.2018 of 2020 showing the respondent authorities i.e., Revenue authorities as respondents to protect his right and possession of the property. Order passed by Coordinate Bench of this Court in W.P.No.2018 of 2020 dated 31.01.2020 is extracted for ready reference: 5 “This petition is filed under Article 226 of the Constitution of Indiato issue a Writ of Mandamus, declaring the action of the respondents intrying to dispossess the petitioner from the agricultural lands consistingof mango plants situated in Vayalpadu Village & Mandal, Chittoor District,as illegal and arbitrary and consequently direct the respondents not todispossess the petitioner from the subject land. Though the petitioner made several allegations in the writ affidavit,the truth or otherwise in those allegations need not be enquired into bythis Court, in view of the submission made by the learned AssistantGovernment Pleader for Revenue that the respondents will follow dueprocess of law. Recording submission of the learned Assistant Government forRevenue that there is no proposal to dispossess the petitioner, therespondents are directed not to dispossess the petitioner from thesubject land, except by due process of law. With the above direction, this Writ Petition is disposed of, at thestage of admission, with the consent of both the counsel. No order as tocosts. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.” 6. In the light of the order passed in favour of the petitioner, his possession over the property is recognized and revenue authorities, if they intend to dispossess the petitioner, must follow due process of law. It is also placed on record that the very same Tahsildar who was respondent in the Writ Petition lodged the present Complaint having knowledge of the earlier proceedings of this Court. As rightly put by the learned Counsel for the petitioners, information submitted to the Police by the Tahsildar would disclose that it is not even his 6 firsthand information but he was informed by somebody else that the petitioner has removed the stones. The view from any angle would show that no offence is made out against the petitionerand continuing criminal proceedings against the petitioner is mere abuse of process of law. 7. In the result, these Criminal petitions are allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.02.2025 UPS 7 93 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1757& 1758 of 2022 Dt.04.02.2025 UPS