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Lankalapalli Anand Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC23 Jul 2025CRLP/491/2025

Case brief

AI extract

What is this about?

Quash petition under S.482 CrPC / S.528 BNSS seeking quashment of C.C.No.890 of 2023 (IPC Sections 420 and 506) before Addl. Judicial Magistrate of First Class, Rayachoti, Annamayya District; counter-case scenario (petitioner's earlier complaint before Rayachoti Police Station under IPC 384, 342, 506 r/w 34); charge sheet filed and cognizance taken; prima facie material found requiring full trial; quash refused; petition disposed with liberty to contend before Trial Court. Keywords: Section 482 CrPC quash, Section 528 BNSS, counter case, prima facie, abuse of process, Veeraballi Police Station, Annamaiah District.

What did the court decide?

No quashment; petition disposed of with liberty to the petitioner to raise all contentions before the Trial Court; miscellaneous petitions, if any, stand closed. ¶34

Lankalapalli Anand Kumar Vs the State of Andhra… — Cheating and Forgery | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No quashment; petition disposed of with liberty to the petitioner to raise all contentions before the Trial Court; miscellaneous petitions, if any, stand closed.

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Issue for consideration

Whether the criminal proceedings in C.C.No.890 of 2023 pending against the petitioner/accused (offences under Sections 420 and 506 IPC) before the Additional Judicial Magistrate of First Class, Rayachoti, Annamaiah District, are fit to be quashed under Section 482 Cr.P.C./Section 528 BNSS.

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Court's answer

The matter is a case and counter: the petitioner had initially lodged a case against respondent No.2, and in the present case the petitioner himself is shown as accused for offences punishable under Sections 420 and 506 IPC.

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Ratio / Principle

There is prima facie material against the petitioner/accused which requires investigation at the full length of the trial; hence this is not a fit case for quashment.

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Key takeaways

The Criminal Petition is disposed of; the petitioner is at liberty to raise all the contentions before the Trial Court in his defence, and the learned Trial Judge may consider them and take an appropriate decision in accordance with law.ratio¶35

Detailed headnote1 paragraphs

Criminal Petition No. 491 of 2025 (Dr. Justice Venkata Jyothirmai Pratapa, 24.07.2025): The petitioner/accused sought quashment under Section 482 Cr.P.C./Section 528 BNSS of proceedings in C.C.No.890 of 2023 (offences under Sections 420 and 506 IPC, cognizance taken after charge sheet) before the Additional Judicial Magistrate of First Class, Rayachoti, Annamaiah District. The Court noted the matter is a case and counter - the petitioner had earlier lodged a complaint before Rayachoti Police Station against respondent No.2 for offences under Sections 384, 342, 506 r/w 34 IPC - and, there being prima facie material against the petitioner requiring investigation at the full length of the trial, held it was not a fit case for quashment. The Criminal Petition was disposed of, with liberty to the petitioner to raise all contentions before the Trial Court; miscellaneous petitions were closed.

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[3396]

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APHC010023482025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 491/2025

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Between:

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LANKALAPALLI ANAND KUMAR, S/O APPA RAO, AGED ABOUT 35 YEARS, OCC. BUSINESS,R/O. DOOR NO.39-33-50/4/3, NEAR POLLUTION CONTROL BOARD, MADHAVARA UDA COLONY, MARRIPALEM, VISAKHAPATNAM ANDHRA PRADESH STATE.

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH SHO/SUB INSPECTOR OF POLICE, VEERABALLI POLICE STATION, ANNAMAYYA DISTRICT.

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P V SIVA REDDY, S/O. ESWAR REDDY, AGED ABOUT 46 YEARS, OCC. BUSINESS, R/O.DOORNO. 18/2, KODAREDDYGARIPALLI, H/O. GURRAPPAGARIPALLI, VEERABALLI MANDAL, ANNAMAYYA DISTRICT PRESENTLY RESIDING AT DOOR NO.70-14-5/1, FFF-1, 5TH FLOOR, SIDDARTHA NAGAR, KAKINADA TOWN DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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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 call for the records pertaining to C.C.No.890 of 2023 pending on the file of the Court of the Addl. Judicial Magistrate of First Class,Rayachoti, Annamaiah District and quash the same, in the interest of Justice, and pass

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IA NO: 1 OF 2025

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Petition under Section 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 may be pleased Pleased to stay all further proceedings in C.C.No.890 of 2023 pending on the file of the Court of the Addl. Judicial Magistrate of First Class,Rayachoti, Annamaiah District including appearance of the petitioner, pending disposal of the quash petition, and pass

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Counsel for the Petitioner/accused:

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1.P V V SATYANARAYANA

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Counsel for the Respondent/complainant(S):

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1.V R REDDY KOVVURI

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2.PUBLIC PROSECUTOR

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The Court made the following:

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 491/2025

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ORDER:

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The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, 2023, has been filed by the Petitioner/Accused, seeking for quashment of the proceedings pending against him in C.C.No.890 of 2023, on the file of the Additional Judicial Magistrate of First Class, Rayachoti, Annamaiah District.

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Heard Sri P.V.V.Satyanarayana, learned counsel for the petitioner, Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State and Sri V.R.Reddy Kovvuri, learned counsel for the respondent No.2.

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Learned counsel for the petitioner would submit that it is a counter case

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to the case lodged by the respondent No.2 on the complaint made by the petitioner before the Rayachoti Police Station for the offences punishable under Sections 384, 342, 506 r/w 34 IPC. Learned counsel would further submit that continuing the criminal proceedings as against the petitioner is a mere abuse of process of law.

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Learned counsel for the respondent No.2 would submit that it is not a fit

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case for quashment and the matter requires trial, since there is a referable material in the record.

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Learned Assistant Public Prosecutor appearing for the State would submit that after due investigation, the Police had filed charge sheet and the Trial Court had taken cognizance for the offences punishable under sections 420 and 506 IPC and there is a prima facie case against the petitioner/accused and the matter requires a trial before the Court below and as such prays for dismissal of the petition.

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Considering the submissions made and a fair look at the material on record, it is a case and counter. Initially the petitioner had lodged a case against the respondent No.2 and now in the present case, the petitioner is shown as accused for the offences punishable under Sections 420 and 506 IPC. As rightly put by the learned Assistant Public Prosecutor, that there is a prima facie material against the petitioner/accused and the same requires investigation at the full length of the trial. Hence this is not a fit case for quashment.

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In that view, the Criminal Petition is disposed of. However, the petitioner

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is at liberty to raise all the contentions before the Trial Court in his defence and the learned Trial Judge may consider them and take appropriate decision in accordance with law.

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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

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_________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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Date: 24.07.2025 SRT

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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

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CRIMINAL PETITION NO: 491/2025

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