Allowed¶45

Dr Bala Eswara Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC3 Feb 2026CRLP/7363/2025

Case brief

AI extract

What is this about?

Keywords: Section 528 BNSS quashing petition; FIR No.191 of 2025 II Town Police Station Kurnool; complaint by Inspector Auditor A.P. State Waqf Board; W.P.No.15452 of 2015 disposed 03.05.2023; W.A.No.1065 of 2023 dismissed 22.02.2024; addendum set aside A.P. Gazette 07.05.2009; Wakf Institution Abdul Waheb Saheb Gumbaz Kurnool; land Sy.No.62; Section 40 Waqf Act 1995 repealed by Act No.14 of 2025 effective 01.04.2025; de-facto complainant misled Investigating Officer; FIR proceedings quashed; Criminal Petition allowed; Dr. Y. Lakshmana Rao J; decided 04.02.2026.

What did the court decide?

Quashment of the proceedings against the Petitioner/Accused in FIR No.191 of 2025 on the file of II Town Police Station, Kurnool District; interlocutory applications, if any pending, stand closed. ¶45

Dr Bala Eswara Reddy Vs The State of Andhra Pradesh — Andhra Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Quashment of the proceedings against the Petitioner/Accused in FIR No.191 of 2025 on the file of II Town Police Station, Kurnool District; interlocutory applications, if any pending, stand closed.

¶45

Issue for consideration

Whether the proceedings against the Petitioner/Accused in FIR No.191 of 2025 (II Town Police Station, Kurnool District), initiated on a complaint asserting pendency of W.P.No.15452 of 2015 and W.A.No.1065 of 2023 that had in fact concluded, and after the repeal of Section 40 of the Waqf Act, 1995, ought to be quashed.

¶27

Court's answer

The de-facto complainant misled the Investigating Officer by giving wrong information and wrong details about the pendency of the abovementioned Writ Petition and Writ Appeal.

¶41

Ratio / Principle

It appears that, pursuant to the directions given by the learned Division Bench of this Court in the above-mentioned Writ Appeal, no exercise was taken by the Waqf Board as per the mandate under Section 40 of the Waqf Act, 1995.

¶40

Key takeaways

Section 40 of the Waqf Act, 1995 was repealed by way of an amendment to the act vide Act No.14 of 2025 with effect from 01.04.2025.ratio¶43
Considering the facts and circumstances of the case, the Court directed a stay of all further proceedings in FIR No.191 of 2025 on the file of the II Town Police Station, Kurnool (interim direction subsequently superseded by the quashment).ratio¶42
The proceedings against the Petitioner/Accused in FIR.No.191 of 2025 on the file of II Town Police Station, Kurnool District, are liable to be interfered and quashed.

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Dr. Y. Lakshmana Rao, J., 04.02.2026) — Criminal Petition under S.528 BNSS by the accused, a 70-year-old medical practitioner, seeking quashment of FIR No.191 of 2025 dated 10.07.2025 (II Town Police Station, Kurnool District), registered on a complaint by the Inspector Auditor, A.P. State Waqf Board. The complaint had asserted at point No.5 that W.P.No.15452 of 2015 and W.A.No.1065 of 2023 were pending concerning land in Sy.No.62; in fact the Writ Petition stood disposed of on 03.05.2023 and the Writ Appeal was dismissed on 22.02.2024, confirming the Single Judge's order (para 9) setting aside the addendum issued by the 2nd respondent and published in the A.P. Gazette dated 07.05.2009, while expressly leaving the Wakf Board free to take lawful steps for inclusion of lands in the name of the Wakf Institution Abdul Waheb Saheb Gumbaz at Kurnool. Pursuant to the Division Bench directions no exercise was undertaken by the Waqf Board under S.40, Waqf Act 1995, which stood repealed by Act No.14 of 2025 effective 01.04.2025. Finding that the de-facto complainant had misled the Investigating Officer with wrong information about pendency, the Court stayed and then quashed the FIR proceedings, allowed the petition, and closed pending interlocutory applications.

¶1

[3521]

¶2

APHC010355222025

¶3

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶4

(Special Original Jurisdiction)

¶5

WEDNESDAY,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

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CRIMINAL PETITION NO: 7363/2025

¶9

Between:

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1.DR BALA ESWARA REDDY, S/O P. LAKSHMI REDDY, AGED ABOUT 70 YEARS, OCC DOCTOR/MEDICAL PRACTITIONER, R/O 101, SRI MUKUNDA NILAYAM, NR PETA, KURNOOL TOWN, KURNOOL DISTRICT.

¶11

...PETITIONER/ACCUSED

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER, II TOWN POLICE STATION, KURNOOL DISTRICT, ANDHRA PRADESH

¶14

2.K SHAIK MUKTHYAR BASHA, S/O NOT KNOWN TO THE PETITIONER,AGED ABOUT 45 YEARS, OCC INSPECTOR AUDITOR, AP STATE WAQF BOARD, COLLECTORATE, KURNOOI DISTRICT

¶15

...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused:

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1.ASHOK RAM V

¶18

Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

¶20

2.SHAIK KHAJA BASHA

¶21

The Court made the following:

¶22

¶23

Crl.P.No.7363 of 2025

04.02.2026

Dr.YLR,J

ORDER:

Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner seeking quashment of the proceedings in F.I.R.No.191 of 2025 dated 10.07.2025 on the file of II Town Police Station, Kurnool District.

¶28

Heard the learned Counsel for the Petitioner and the learned Counsel for Respondent No.2 and the learned Assistant Public Prosecutor.

¶29

In the complaint dated 10.07.2025 lodged by the Inspector Auditor, A.P. State Waqf board, he has mentioned at point No.5 that W.P.No.15452 of 2015 and W.A.No.1065 of 2023 are pending on the file of this Court pertaining to the land in Sy.No.62 in the instant crime.

¶30

Undeniably, a learned Single Judge of this Court has disposed of the Writ Petition No.15452 of 2015 on 03.05.2023. And challenging that order a Writ Appeal was preferred by the Waqf board.

¶31

However, the Writ Appeal was dismissed vide order dated 22.02.2024 in W.A.No.1065 of 2023 confirming the order passed by the learned Single Judge in the Writ Petition.

¶32

It is pertinent to extract para No.9 of the order of the learned Single Judge in the W.P.No.15452 of 2025 hereunder:

¶33

“9. Following the same, this Court has no hesitation in allowing the present appeal setting aside the addendum issued by the 2nd respondent and published by the 1st respondent in the A.P.Gazette dated 07.05.2009. However, this would not preclude the Wakf Board

¶34

¶35

Crl.P.No.7363 of 2025

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04.02.2026

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Dr.YLR,J

¶38

from taking the said action as it may deem fit, in accordance with law, for inclusion of any lands in the name of the Wakf Institution namely Abdul Waheb Saheb Gumbaz at Kurnool.”

¶39

Pursuant to the directions given by the learned Division Bench of this

¶40

Court in the above-mentioned Writ Appeal it appears that no exercise was taken by the Waqf Board as per the mandate under Section 40 of the Waqf Act, 1995.

¶41

The de-facto complainant has misled the Investigating Officer by giving wrong information and wrong details about the pendency of the abovementioned Writ Petition and Writ Appeal.

¶42

Considering the facts and circumstances of the case, there shall be stay of all further proceedings in FIR No.191 of 2025 on the file of the II Town Police Station, Kurnool.

¶43

Section 40 of the Waqf Act, 1995 was repealed by way of an amendment to the act vide Act No.14 of 2025 with effect from 01.04.2025.

¶44

Therefore, the proceedings against the Petitioner/Accused in FIR.No.191 of 2025 on the file of II Town Police Station, Kurnool District, are liable to be interfered and quashed.

¶45

In the result, the Criminal Petition is allowed. Accordingly, the proceedings in Petitioner/Accused in FIR.No.191 of 2025 on the file of II Town Police Station, Kurnool District are quashed.

¶46

As a sequel, interlocutory applications, if any pending, shall stand closed.

¶47

¶48

Crl.P.No.7363 of 2025 04.02.2026 Dr.YLR,J

¶49

_________________________ Dr. Y. LAKSHMANA RAO, J

¶50

Dated: 04.02.2026 VTS

Dr Bala Eswara Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Dr Bala Eswara Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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