APHC010442712021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6398/2021 Between:

1. CHEKURI SUDHAKARA RAJU, @ CHINDA SUDHAKAR RAJU, S/O. POORNACHANDRA RAJU, AGED 46 YEARS, R/O.FLAT NO.C-3, PARK SIDE RESIDENCY, ROAD NO.5, BANJARA HILLS, HYDERABAD.

...PETITIONER/ACCUSED AND

1. STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High Court of A.P High Court Buildings through Inspector of Police, P.M.Palem Police Station, Visakhpatnam City ...RESPONDENT/COMPLAINANT 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 Court pleased to call for records pertaining to CC no 8 of 2018 dated 11.5.2018 on the court of Principal Junior Civil Judge cum Special Court for Land Grabbing cases at Visakhapatnam declaring the same as illegal arbitrary and contrary to law and abuse process of law and quash the same and pass Counsel for the Petitioner/accused:

1. B P RAJU Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR (AP)

The Court made the following:

ORDER

This Criminal Petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.), has been filed, by the Petitioner for the following relief:

“ ... to call for records pertaining to CC No.8 of 2018 dated 11.5.2018 on the court of Principal Junior Civil Judge cum Special Court for Land Grabbing cases at Visakhapatnam declaring the same as illegal arbitrary and contrary to law and abuse process of law and quash the same and pass ...”

Heard learned counsel for the Petitioner and Learned Assistant Public Prosecutor for respondent State. Perused the material on record.

Learned counsel for the Petitioner would submit that on the complaint given by the Tahsildar, Visakhapatnam Rural, Visakhapatham, the subject crime is registered against the accused. Petitioner herein is arrayed as A/5 in CC No.8 of 2018 on the file of the Court of Principal Junior Civil Judge-cum-Special Court for Land Grabbing Cases, Visakakhapatnam, which is registered for the offences punishable under Sections 420, 467, 471 and 447 read with 120-B IPC and Sections 4 and 5 of the Andhra Pradesh Land Grabbing (Prohibition) Act, 1982. The subject land is a private land/grama kantam situated at Rushikonda village, Visakhapatnam. Further, Petitioner is neither land owner nor land grabber and no material is found during search at the house of the Petitioner. Learned counsel would submit that the subject matter of this Criminal Petition is squarely covered by the order dated 14.07.2025 passed by this Court in Criminal Petition No.7265 of 2025 and prays to quash the proceedings against the Petitioner/A.5 herein.

Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

For ready reference, the observations made by a Coordinate Bench of this Court relating to A2 in Criminal Petition No.6540 of 2021, dated 29.03.2025, are as follows:

“5. When this Court in W.P.No.6394 of 2017, considered the land as “Gramakantam” land and represented that the same cannot be classified as Government land, the complaint filed by the 2^nd respondent on 11.05.2017, ought not have been taken by the SHO, P.M. Palem Police Station. That apart, it is not in dispute that the judgment passed in W.P.No.6394 of 2017 has attained finality, as no writ appeal is filed questioning the said order by the State. The 2^nd respondent/de-facto Complainant in the present case is 3^rd respondent in the said writ petition. Having accepted the finding of this Court, the 2nd respondent ought to have brought to the notice of the SHO, P.M. Palem Police Station.

6. Taking the submission into consideration and the judgment of this Court passed in Crl.P.Nos.2199 and 2525 of 2012, the criminal proceedings initiated against the petitioner/A2 in C.C.LG.No.