APHC010355222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 7363/2025 Between: 1.DR BALA ESWARA REDDY, S/O P. LAKSHMI REDDY, AGED ABOUT 70 YEARS, OCC DOCTOR/MEDICAL PRACTITIONER, R/O 101, SRI MUKUNDA NILAYAM, NR PETA, KURNOOL TOWN, KURNOOL DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER, II TOWN POLICE STATION, KURNOOL DISTRICT, ANDHRA PRADESH 2.K SHAIK MUKTHYAR BASHA, S/O NOT KNOWN TO THE PETITIONER,AGED ABOUT 45 YEARS, OCC INSPECTOR AUDITOR, AP STATE WAQF BOARD, COLLECTORATE, KURNOOI DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.ASHOK RAM V Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.SHAIK KHAJA BASHA The Court made the following: 2 Crl.P.No.7363 of 2025 04.02.2026 Dr.YLR,J ORDER: Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner seeking quashment of the proceedings in F.I.R.No.191 of 2025 dated 10.07.2025 on the file of II Town Police Station, Kurnool District. 2. Heard the learned Counsel for the Petitioner and the learned Counsel for Respondent No.2 and the learned Assistant Public Prosecutor. 3. In the complaint dated 10.07.2025 lodged by the Inspector Auditor, A.P. State Waqf board, he has mentioned at point No.5 that W.P.No.15452 of 2015 and W.A.No.1065 of 2023 are pending on the file of this Court pertaining to the land in Sy.No.62 in the instant crime. 4. Undeniably, a learned Single Judge of this Court has disposed of the Writ Petition No.15452 of 2015 on 03.05.2023. And challenging that order a Writ Appeal was preferred by the Waqf board. 5. However, the Writ Appeal was dismissed vide order dated 22.02.2024 in W.A.No.1065 of 2023 confirming the order passed by the learned Single Judge in the Writ Petition. 6. It is pertinent to extract para No.9 of the order of the learned Single Judge in the W.P.No.15452 of 2025 hereunder: “9. Following the same, this Court has no hesitation in allowing the present appeal setting aside the addendum issued by the 2nd respondent and published by the 1st respondent in the A.P.Gazette dated 07.05.2009. However, this would not preclude the Wakf Board 3 Crl.P.No.7363 of 2025 04.02.2026 Dr.YLR,J from taking the said action as it may deem fit, in accordance with law, for inclusion of any lands in the name of the Wakf Institution namely Abdul Waheb Saheb Gumbaz at Kurnool.” 7. Pursuant to the directions given by the learned Division Bench of this Court in the above-mentioned Writ Appeal it appears that no exercise was taken by the Waqf Board as per the mandate under Section 40 of the Waqf Act, 1995. 8. The de-facto complainant has misled the Investigating Officer by giving wrong information and wrong details about the pendency of the above- mentioned Writ Petition and Writ Appeal. 9. Considering the facts and circumstances of the case, there shall be stay of all further proceedings in FIR No.191 of 2025 on the file of the II Town Police Station, Kurnool. 10. Section 40 of the Waqf Act, 1995 was repealed by way of an amendment to the act vide Act No.14 of 2025 with effect from 01.04.2025. 11. Therefore, the proceedings against the Petitioner/Accused in FIR.No.191 of 2025 on the file of II Town Police Station, Kurnool District, are liable to be interfered and quashed. 12. In the result, the Criminal Petition is allowed. Accordingly, the proceedings in Petitioner/Accused in FIR.No.191 of 2025 on the file of II Town Police Station, Kurnool District are quashed. As a sequel, interlocutory applications, if any pending, shall stand closed. 4 Crl.P.No.7363 of 2025 04.02.2026 Dr.YLR,J _________________________ Dr. Y. LAKSHMANA RAO, J Dated: 04.02.2026 VTS