APHC010625392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12101/2025 Between: 1. KOTHAPALLI AHAMMED ALI, S/O LATE CHINNA MOHAMMAD ALI AGED ABOUT 45 YEARS, MUSLIM, BUSINESS,R/O DOOR NO. 16/68, DASTHAGIRIPETA, PRODDATUR- 516 360,KADAPA DISTRICT, 2. KOTHAPALLI INTHIYAZ ALI, S/O LATE CHINNA MOHAMMAD ALI,AGED ABOUT 42 YEARS, MUSLIM, BUSINESS,R/O DOOR N0.7/IOO-C, JENDA CHETTU STREET, PRODDATUR ROADMYDUKUR TOWN MANDAL, KADAPA DISTRICT. 3. KOTHAPALLI YUSUF ALI, S/O LATE CHINNA MOHAMMAD ALI,AGED ABOUT 41 YEARS, MUSLIM, BUSINESS, R/O DOOR NO.16/68,DASTHAGIRIPETA, PRODDATUR-516 360, KADAPA DISTRICT. 4. KOTHAPALLI ISMAIL ALI, S/O LATE CHINNA MOHAMMAD ALI,AGED ABOUT 40 YEARS, MUSLIM, BUSINESS, R/O DOOR NO. 15/153- 1DASTHAGIRIPETA, PRODDATUR TOWN, KADAPA DISTRICT. 5. KOTHAPALLI JAHIDA, D/O LATE CHINNA MOHAMMAD ALI,AGED ABOUT 37 YEARS. UNMARRIED,R/O DOOR NO.15/153-1, DASTHAGIRIPETA, PRODDATUR TOWN,KADAPA DISTRICT. 6. CHEPALLY MOHAMMED REYAN, SHOWN AS MAHAMMAD REYAN IN FIR S/O. CHEPALLY KARIMULLA, AGE 19 YEARS, H.NO.45-407- A, NEAR MADINAMOSQUE, KURNOOL, ANDHRA PRADESH - 518003 2 Dr. YLR, J Crl.P.No.12101 of 2025 Dated 28.01.2026 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS SHO, MYDUKUR U/G POLICE STATION,YSR KADAPA DISTRICT, REP.BY. STATE PUBLIC PROSECUTOR,HIGH COURT OF A.P. 2. KOTHAPALLI PEDDA MOHAMMED ALI, S/O. KOTHAPALLI PEDDA MOULA ALI,AGE 80 YEARS, MUSLIM, BUSINESS, NATIVE OF ONIPENTA VILLAGE,MYDUKUR MANDAL, KADAPA DISTRICT, NOW RESIDING AT D.NO. 14/472DASTHAGIRIPETA, PRODDATUR- 516360, KADAPA DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): DHEERA KANISHKA Counsel for the Respondent/complainant(S): 1. V NITESH 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity 8the Cr.P.C.,9)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity 8the BNSS9) seeking to quash proceedings against petitioners/Accused Nos.1 to 6 in Cr.No.434 of 2025 on the file of the Mydukur U/G Police Station, YSR Kadapa District, registered for the alleged offence punishable under Sections 318(4), 351(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, 8the BNS9). 3 Dr. YLR, J Crl.P.No.12101 of 2025 Dated 28.01.2026 2. No representation for the petitioners, even on 20.01.2026. Today, the matter is posted as a last chance for hearing of the learned counsel for the petitioners. 3. The learned Single Judge of this Court, on 22.11.2025, directed the Investigating Officer to comply with Sections 41 and 41-A of 8the Cr.P.C.,9 (now Sections 35 and 35(3) of 8the B.N.S.S., 20239) and also the directions of the Hon9ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. On the complaint lodged by respondent No.2, a case in Cr.No.434 of 2025 was registered for the alleged offences punishable under Sections 420 and 506 of 8the IPC9 against the petitioners. By and large, the grievance of respondent No.2 is that, without there being any partition and concurrence of the other family members, Accused Nos.1 to 5 registered 4.00 cents of land, in favour of Accused No.6, which is in Sy.No.1364/A. Of course, respondent No.2 has a remedy on the civil side either by filing a suit for cancellation of the said document or by approaching the Sub-Registrar under Section 71 of the Registration Act, 1908. 5. Indeed, there is an allegation in the penultimate paragraph of the complaint that the petitioners threatened respondent No.2 with dire consequences, and at the most, it may attract the penal provisions of criminal intimidation. 1(2014) 8 SCC 273 4 Dr. YLR, J Crl.P.No.12101 of 2025 Dated 28.01.2026 6. Be that as it may, the investigation is at a progressive stage. At this stage, merely because of the civil dispute between the petitioners and respondent No.2, the case cannot be quashed, inasmuch as there are allegations attracting the offence punishable under Section 506 of 8the IPC9. The Investigating Officer is directed to expedite the investigation and file appropriate proceedings before the learned Jurisdictional Court in accordance with law. 7. The learned Assistant Public Prosecutor submits that the Investigating Officer has complied with Section 35(3) of 8the BNSS9 against the petitioners. It is needless to mention that the petitioners are at liberty to challenge the charge sheet, if filed by the Investigating Officer against the petitioners. 8. With the above observation, the Criminal Petition is disposed of. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 28.01.2026 RSI 5 Dr. YLR, J Crl.P.No.12101 of 2025 Dated 28.01.2026 32 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 12101 of 2025 Date: 28.01.2026 RSI 6 Dr. YLR, J Crl.P.No.12101 of 2025 Dated 28.01.2026 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: Crl.P.No.12101 of 2025 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 03. 28.01.2026 Dr.YLR,J The Criminal Petition is disposed of. (Vide separate order). _________ Dr.YLR,J RSI