Surendra Babu @ Talari Surendra Vs the State of… — Cheating and Forgery | Andhra Pradesh HC (2025)

Surendra Babu @ Talari Surendra Vs the State of… — Cheating and Forgery | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

All further proceedings in Crime No.237 of 2011 of Nellore V Town Police Station, Nellore District were quashed as against the petitioner (A3); the writ petition was allowed with no order as to costs; pending interlocutory applications stood closed.

Issue for consideration

Whether the action of the respondents in registering FIR Crime No.237 of 2011 (dated 02-11-2011, V Town Police Station, Nellore, for offences under Sections 406, 419 and 420 r/w 34 IPC) and continuing proceedings against the petitioner (A3) warrants quashal of all further proceedings against him, particularly after the acquittal of A4 to A6 in C.C. No.545 of 2012 and the withdrawal/dismissal of the case against A1 to A3.

Court's answer

Considering the facts and circumstances of the case (including the acquittal of A4 to A6 and dismissal of the case against A1 to A3 as withdrawn, leaving the petitioner as accused in the FIR), this Court deemed it appropriate to quash all further proceedings in Crime No.237 of 2011 of Nellore V Town Police Station, Nellore District, as against the petitioner.

Ratio / Principle

The Writ Petition is allowed, with no order as to costs, giving effect to the quashal ordered; pending interlocutory applications, if any, stand closed.

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), Writ Petition No. 5055 of 2024, decided 18.03.2025 by Justice Harinath.N: The petitioner (Talari Surendra, A3 in Crime No.237 of 2011 of V Town Police Station, Nellore, registered on 02-11-2011 for offences punishable under Sections 406, 419 and 420 read with 34 IPC) sought a writ of mandamus declaring the FIR registration illegal and quashing all further proceedings against him. Investigation had earlier been stayed as against the petitioner (who was then not charge sheeted); after due investigation a charge sheet was filed before the jurisdictional Court; on 29.06.2019 the case in C.C. No.545 of 2012 ended in acquittal of A4 to A6; on 13.01.2023 permission was granted to withdraw the case against A1 to A3, which was dismissed as withdrawn, leaving the petitioner as the remaining accused in the FIR. Holding that, considering these facts and circumstances, it was appropriate to do so, the Court quashed all further proceedings in Crime No.237 of 2011 against the petitioner, allowed the writ petition with no order as to costs, and closed the pending interlocutory applications. (R5, Dr. Nagam Radhika, had been impleaded on 28-11-2024 in I.A.No.2 of 2024.)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 5055 OF 2024

Between:

Surendra Babu @ Talari Surendra, S/o. T.Guravaiah aged 64 years, Occ: Rtd. Employee, R/o H.No.26-16-26, Iskon City, Nellore, PSR Nellore District.

...PETITIONER

AND

The State of Andhra Pradesh, Rep by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh State.

The Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh.

The Deputy Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh.

The Station House Officer, VTown Police Station, Nellore, SPSR Nellore District, Andhra Pradesh State.

Dr. Nagam Radhika, W/o Dr.Nagam Sai Murali, Age^about50 years. Occ: Doctor and Executive Director, Bollineni Eye Hospital,^Nellore Town, SPSR Nellore District.

(R5 is impleaded as per the Court's Order dt.28 11 2024 in I.A.No. 02 of 2024.)

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of

Respondents in registering the FIR against the petitioner herein vide Crime No.237 of 2011, dated 02-11-2011 by the 4*^ respondent/V Town Police Station, Nellore, SPSR Nellore District, for the offences punishable under Sections 406 IPC, 419 IPC, 420 R/w 34 of IPC, as illegal, arbitrary, without evidence, against the provisions of Law and Practice and also against the principles of natural justice and Consequently Quash all further Proceedings against the petitioner herein in connection with Crime No.237 of 2011 dated 02-11-2011 on the file of V Town Police Station, Nellore, SPSR Nellore DistrictM**^ respondent. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioner in Crime No.237 of 2011 dated 02-11 -2011, on the file of V Town Police Station, Nellore, SPSR Nellore District/4‘^ respondent, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. BHANU MURTHY BALA Counsel for the Respondent Nos.1 to 4: ASST.GP FOR HOME Counsel for the Respondent No.5:

The Court made the following: ORDER

APHC010095332024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3457]

TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 5055/2024

Between:

Surendra Babu @ Talari Surendra ...PETITIONER

The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.BHANU MURTHY BALA

Counsel for the Respondent(S):

1.GP FOR HOME(AP)

The Court made the following Order:

Heard learned counsel for the petitioner and learned

Assistant Government Pleader appearing for the State.

Learned counsel for the petitioner submits that the petitioner is A3 in Crime No.237 of 2011 of Nellore V Town Police Station Nellore District. As there was stay of investigation as against the petitioner herein, the petitioner was not charge sheeted^inthecase.

2

After due investigation, the prosecution has filed charge sheet before the jurisdictional Court. On 29.06.2019, the^case in CC No.545 of 2012 was ended in acquittal as against A4 to A6. Pursuant to the same, the prosecution has filed a petition to withdraw the case as against A1 to A3, wherein permission^was granted by the Court on 13.01.2023 by dismissing the case as withdrawn, as against A1 to A3. He further submits that the petitioner remained as accused in the said FIR. Hence, the proceedings against the petitioner herein may be quashed. 3. Learned Assistant Government Pleader representing the State submits that the Court may pass appropriate orders. 4. Considering the facts and circumstances of the case, this Court deems it appropriate to quash all further proceedings in Crime No.237 of 2011 of Nellore V Town Police Station, Nellore District, as against the petitioner herein.

Accordingly, this Writ Petition is allowed. There shall^beno order as to costs.

To,

Interlocutory applications, if any, penc^gig shall stand closed. Sd/- K. TATA RAO //TRUE COPY// GISTRAR DEPUTY pSECT OFFICER

The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

^ '

The Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh.

The Deputy Superintendent of Police, SPSR Nellore District at Nellore, Andhra Pradesh.

The Station House Officer, VTown Police Station, Nellore,^SPSR Nellore District, Andhra Pradesh State.

Dr. Nagam Radhika, W/o Dr.Nagam Sai Murali, Age about 50 years, Occ; Doctor & Executive Director, Bollineni Eye Hospital,^NelloreTown SPSR Nellore District.

One CO to Sri Bhanu Murthy Bala, Advocate [OPUC]

Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

Three CD Copies.

gi

HIGH COURT

DATED:18/03/2025

ORDER

WP.No.5055 of 2024

j’ofANDH^^
27 MAR 2025 ^
^ . Curreni Secwon

ALLOWING THE WRIT PETITION WITHOUT COSTS