APHC010125072020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 1620/2020 Between:

Vallabhaneni Krishna Prasad Chowdary ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused:

1. V SURYA KIRAN KUMAR Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP) The Court made the following:

ORDER

This Criminal Petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) seeking to quash the proceedings in FIR.No.81 of 2020 of Bheemunipatnam Police Station, Visakhapatnam District, registered for the offences punishable under Sections 447, 427, 307, 379 read with 34 of the Indian Penal Code (for short “I.P.C.”).

2. The petitioner herein is the accused No.1. Respondent No.2 herein is the de-facto complainant. Respondent No.2 lodged a complaint alleging that he was working as clerk under Kakara Gangaram Chowdary and is looking after his land admeasuring Ac.1.35 cents in Sy.No.40/1 in Kothavalasa Village by erecting fencing and gate. While so, on 09.03.2020, at about 11.00 a.m., the petitioner/A1 along with 20 others trespassed into the land, tried to kill him, beat him, damaged the compound wall, the cement polls and stolen away the articles and threatened him with dire consequences. Basing on the said complaint, a case in Crime No.81 of 2020, was registered against the petitioner.

3. Heard learned counsel for the petitioner and learned Public Prosecutor appearing for the respondents.

4. Learned counsel for the petitioner submits that the petitioner is innocent of the alleged offences. He submits that the subject matter property is purely a civil in nature and in order to gain the subject property wrongfully, the employer of the 2^nd respondent, got registered the present FIR through his employee/2^nd respondent herein. Originally, one Sri Appanna and his family members owned a land to an extent of Ac.3.80 cents in Sy.No.40/1 in Kothavalasa Village, Jayanthi Agraharam Gram Panchayat, Bheemunipatnam Mandal, Visakhapatnam District and executed a Registered General Power of Attorney dated 20.09.1995, bearing Document No.91/1995, in favour of M/s. Kiran Real Estates and Constructions Visakhapatnam, rep. by its managing partner Vallabhaneni Krishna Prasad Chowdary (petitioner herein) to make transactions over the said land. Accordingly, the firm sold the plots to various individuals through registered documents. It is further submitted that one Sri Suri Babu (A5 in FIR.No.81/2020), who is working as Supervisor in the said firm, lodged a report against one Sri Kakara Gangaram Chowdary (the employer of the 2^nd respondent herein), his family members and his followers for trespassing into the said land, damaging the property and threatening him with dire consequences. While things stood thus, on 11.03.2020, the de-facto complainant by raising false allegations lodged a complaint against the petitioner/A1. The employer of the 2^nd respondent herein, with an evil intention to grab the subject land, filed the present FIR by raising all vague allegations.

Hence, prays to allow the petition.

5. Learned Assistant Public Prosecutor contended that the alleged acts of the petitioner/A1 is sufficient to conclude that the petitioner/A1 committed offence punishable under Sections 447, 427, 307, 379 read with 34 of I.P.C.

and requested to dismiss the petition.

6. Having heard the submissions made by the learned counsel representing both parties and on perusal of the material available on record, the point that arises for consideration is as follows:

“Whether the proceedings against the petitioner/A1 in FIR.No.81 of 2020 of Bheemunipatnam Police Station, Visakhapatnam District, are liable to be quashed by exercising jurisdiction under Section 482 of Cr.P.C.?”

The present petition has been filed under Secti