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2025 Supreme(Online)(AP) 7401

HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
Kondrothu Baburao – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No. 6936 of 2025



Advocates:
For the Appellants/Petitioners: Madhava Rao Nalluri
For the Respondents: Public Prosecutor

The court established that a case cannot be reopened simply due to past allegations if the police have deemed them false and the complainant has failed to contest the police report in a timely manner.

Headnote:(A) Indian Penal Code - Sections 354, 506, 323, 447 - Petitioners are accused in crimes alleging bodily harm and property involvement - Police referred complaint as false after investigation, filing final report - De-facto complainant failed to pursue further legal action against the report - High Court directed Magistrate to close the case as the complaint lacks substantiation. (Paras 1-6)

(B) Legal Procedure - The court held that cases closed by police due to insufficient evidence cannot be reopened after significant delay without the complainant's initiative to challenge the police report. (Para 6)

Facts of the case:
The petitioners alleged wrongful criminal charges stemming from a complaint filed in 2013, where the police concluded the allegations were unfounded. The de-facto complainant did not file a protest petition after the police's final report.

Findings of Court:
The learned Magistrate was directed to accept and close the final report of the police, as the de-facto complainant had not made timely legal moves.

Issues: The main issues concerned the validity of reopening a case closed due to police findings of false accusations and the responsibilities of the complainant.

Ratio Decidendi: The court found that the complainant's failure to act within a reasonable time frame resulted in a conclusion that the case should not be reopened.

Result: Criminal Petition allowed.

Table of Content
1. facts surrounding initial allegations and police findings. (Para 2 , 3)
2. importance of complainant's action following police report. (Para 4 , 5)
3. closure of a case based on statutory obligations and procedural compliance. (Para 6)

A\ i APHCO10331562025 IN THE HIGH COURT OF ANDHRA PRADESH EHE]

AT AMARAVATl ERE]RE TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE -\. •'`\

PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO.. 6936 OF 2025 Between:

1. Kondrothu Baburao, s/o. Bangaral-ah, aged. 70 years, R/o. H.No.20C-1-

27, GandhI' Nagar, Bosu Sibiram Road, Vangayagudem, Eluru, West Godavari District -534002.

2. Kondrothu venkateswara Rao, S/o. Bangaraiah, aged. 64 years, R/o.

H.No.20C-7-13, Powerpeta, 12 Pampula Center, Venkatarao peta, Eluru, West Godavari Dl®strI-Ct -534002.

3. Eli alias Eeli Leela Krishna Kishore, S/o. Venkata Satyanarayana, aged. 57 years, R/o. H.No.20C-1-27, 42nd Division, Bosu Sibiram Road, Kothapeta, Eluru, West GodavarI' Distrl'ct -534002.

4. Gudidesi srinivasarao, s/o. pandurangarao aged. 57 years, R/o.

H.No.20C-1-29, Bosu SibI'ram Road, 12 Pampula Center, Gandhinagar, vangayagudem, EIuru, West Godavari Dl-strict -534002.

..Petitioners/Accused . AND

1. The State of Andhra Pradesh, Rep. by its Station House Officer, Eluru I Town Police station. Through PublI-C Prosecutor, High Court of Andhra Pradesh at Amaravati iiiEiiiiiiiiiiEEI E / i

2. Revuri Kanakadurga, W/o. Jagadeesh, aged. 59 years, R/o, D.No.7A-9-

54/1, Yelakkayala Sandu, Southern Street, Eluru, Eluru District,I Andhra Pradesh.

...Respondent/Defacto Complainant petition under section 528 of BNSS praying that in the Circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to expedite the Proceedings in Charge-Sheet in Cr.No.126 of 2013, pending before the Court of the ll Additional Judicial First-Class Magistrate, E[uru.

counsel for the Petitioners: SRI IVIADHAVA RAO NALLURI counsel for the Respondent No.1 : PUBLIC PROSECUTOR counsel for the Respondent No.2: ----

The Court made the follow-lng ORDER:

-.

APHCO10331562025 IN THE HIGH COURT OF ANDHRA PRADESH E]HE] . AT AMARAVATl [3457]

[Ei-i_. +E (special Original Jurisdiction)

TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N t \ \ \ ~

CRIMINAL PETITION NO: 6936/2025 Betwee n :

1.KONDROTHU BABURAO, S/O. BANGARAIAH, AGED. 70 YEARS, R/O. H.NO.20C-1-27, GANDHI NAGAR, BOSU SIBIRAM ROAD, VANGAYAGUDEM, ELURU, WEST GODAVARI DISTRICT -534002.

2.KONDROTHU VENKATESWARA RAOH S/O, BANGARAIAH, AGED.

64 YEARS, R/O. H.NO.20C-7-13, POWERPETA, 12 PAMPULA CENTER, VENKATARAO PETA, ELURU, WEST GODAVARI DISTRICT -534002.

3.ELI ALIAS EELI LEELA KRISHNA KISHOREH S/O. VENKATA SATYANARAYANA, AGED. 57 YEARS, R/O. H.NO.20C-1-27, 42ND DIVISION, BOSU SIBIRAM ROAD, KOTHAPETA, ELURU, WEST GODAVARI DISTRICT -534002.

4.GUDIDESI SRINIVASARAOu S/O. PANDURANGARAO AGED. 57 yEARS, R/O. H.NO.20C-1-29, BOSU SIBIRAM ROAD,12 PAMPULA CENTER, GANDHINAGAR, VANGAYAGUDEM, ELURU, WEST GODAVARI DISTRICT -534002.

...PETITIONER/ACCUSED(S)

AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS STATION HOUSE OFFICER, ELURU I TOWN POLICE STATION. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVAT I `

fu

2.REVURI KANAKADURGA, W/O. JAGADEESH, AGED. 59 YEARS, i:I(¢'-

R/O. D.NO.7A-9-54/1, YELAKKAYALA SANDU, SOUTHERN STREET, ELURU, ELURU DISTRICT, ANDHRA PRADESH.

H.RESPONDENT/COMPLAINANT(S):

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to expedite the proceedings in charge-sheet in Cr.No.126 of 2013, pending before the Court of the lI Additional Judicial First-Class Magistrate, Eluru, and pass Counsel for the Petitioner/accused(S):

1. MADHAVA RAO NALLURI Counsel for the Respondent/complainant(S):

1.PUBLIC PROSECUTOR .I The Court made the follow-lng Order:

Learned counsel for the Petitioners Submits that the

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