Between vs The State Of Andhra Pradesh And Another on 16 March, 2026

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    Andhra Pradesh High Court – Amravati

    Between vs The State Of Andhra Pradesh And Another on 16 March, 2026

    Author: K. Sreenivasa Reddy

    Bench: K. Sreenivasa Reddy

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                                 ****
                  CRIMINAL PETITION NO.6815 OF 2023
    Between:
    Pratti Naga Chandra Sekhar
                                                          ... Petitioner(s)
    
                                   Versus
    
    The State of Andhra Pradesh and another
                                                         ...Respondents
    
                         *****
    DATE OF ORDER PRONOUNCED :                    16.03.2026
    
    
    SUBMITTED FOR APPROVAL:
    
         HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
    
    1. Whether Reporters of Local Newspapers
      may be allowed to see the Judgment/Order?        Yes/No
    
    
    2. Whether the copy of Order may be
      marked to Law Reporters/Journals?                Yes/No
    
    
    3. Whether His Lordship wish to see the
      fair copy of the Judgment/Order?                 Yes/No
    
    
    
                                      JUSTICE K.SREENIVASA REDDY
                                               2
                                                                                  SRK, J
                                                                    Crl.P.No.6815 of 2023
    
    
    
             * HONOURABLE SRI JUSTICE K.SREENIVASA REDDY
                     + CRIMINAL PETITION NO.6815 OF 2023
    
                                         % 16.03.2026
        # Between:
    
        Pratti Naga Chandra Sekhar
                                                                     ... Petitioner(s)
    
                                           Versus
    
        The State of Andhra Pradesh and another
                                                                    ...Respondents
    
    
    
    !    Counsel for the Petitioner(s)            :   Ms. M.L.Neelima
    
    
    ^ Counsel for the Respondents                 :   1. Sri Mahadeva Kanthrigala
    
                                                      2. Public Prosecutor (AP)
    
    
        < Gist:
    
        > Head Note:
    
        ? Cases referred:
    
              1.     AIR 1992 SC 604.
    
    
    
    
              This Court made the following:
                                         3
                                                                              SRK, J
                                                                Crl.P.No.6815 of 2023
    
    
    
    
    APHC010441532023
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI           [3327]
                              (Special Original Jurisdiction)
    
                MONDAY, THE SIXTEENTH DAY OF MARCH
                  TWO THOUSAND AND TWENTY SIX
    
                                   PRESENT
       THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
                       CRIMINAL PETITION NO: 6815/2023
    Between:
       1. PRATTI NAGA CHANDRA SEKHAR, S/O SATYANARAYANA
          MURTHY,AGED ABOUT YEARS, R/O D.NO. 6-8-3, 3RD
          FLOOR 3/3 SAI APARTMENTS, NADAMARTHI STREET T.
          NAGAR, RAJAMAHENDRAVARAM          EAST GODAVARI
          DISTRICT
                                     ...PETITIONER/ACCUSED
                              AND
       1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
          PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI
       2. GAJULA VENKATA SUBBA RAO, S/O G RAMACHANDRA
          RAO AGED ABOUT 62 YEARS R/O D.NO. 6-13,
          GAJULAVARI STREET,       POTHAVARAM VILLAGE,
          NALLAJERLA MANDAL WEST GODAVARI DISTRICT
                           ...RESPONDENT/COMPLAINANT(S):
    
          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 may be pleased to
    call for the records in CC No. 5370 of 2022 on the file of V Addl.
    Judicial First Class Magistrate, Rajamahendravaram and quash the
    same against the petitioner herein and pass such
    
    IA NO: 1 OF 2023
          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 to grant stay of all
    further proceedings including personal appearance of the petitioner
                                      4
                                                                      SRK, J
                                                        Crl.P.No.6815 of 2023
    
    
    
    in C.C. No. 5370 of 2022 on the file of V Addl. Judicial First Class
    Magistrate, Rajamahendravaram pending disposal of the above
    Criminal Petition and to pass such
    
    Counsel for the Petitioner/accused:
       1. M L NEELIMA
    Counsel for the Respondent/complainant(S):
       1. MAHADEVA KANTHRIGALA
       2. PUBLIC PROSECUTOR (AP)
    
          The Court made the following:
                                       5
                                                                      SRK, J
                                                        Crl.P.No.6815 of 2023
    
    
    
                                 ORDER
    

    This Criminal Petition, under Section 482 of the Code of

    Criminal Procedure, 1973 (for brevity ‘CrPC‘) has been filed by the

    SPONSORED

    petitioner herein/Accused No.4, to quash the charge sheet in

    Calendar Case No.5370 of 2022 pending on the file of the learned V

    Additional Judicial Magistrate of First Class, Rajamahendravaram,

    arising out of a case in Crime No.21 of 2020 of II Town Law and

    Order Police Station, Rajamahendravaram, registered against the

    petitioner herein/A4 and other accused, for the offences punishable

    under Sections 120B, 467, 471 read with 34 of the Indian Penal

    Code, 1860 (for brevity ‘IPC‘).

    2. Brief facts of the case are that, during the year 2007,

    L.W2/Gajula Venkata Srinivasarao worked as Supervisor at GDR

    Company; at that time, petitioner herein/A4, who is son of accused

    No.1, was doing lorry business in the same company and also

    outside the company. It is the allegation that respondent No.2 and

    L.W2/Gajula Venkata Srinivasarao, believing the words of petitioner

    herein/A4, invested Rs.4.00 lakhs each and purchased a tipper and

    got registered in the name of A1; that the petitioner herein/A4 and

    L.W2/Gajula Venkata Srinivasarao did business from 2007 to 2010

    jointly and looked after the business bills of the tipper; that
    6
    SRK, J
    Crl.P.No.6815 of 2023

    respondent No.2 and L.W2/Gajula Venkata Srinivasarao did not

    take the benefits on the tipper, with a view to take in bulk, and

    accordingly, in the year 2010, when they asked the petitioner

    herein/A4 for their respective shares out of the benefits arrived in

    the lorry business, the petitioner herein/A4 was alleged to have told

    that the bills were not passed and they are pending; that later,

    respondent No.2 and L.W2/Gajula Venkata Srinivasarao learnt that

    the parts of the tipper were exchanged in the absence of

    L.W2/Gajula Venkata Srinivasarao; that when a meeting was held

    at the house of L.W4/Prathi Ganibabu, accused No.1 and petitioner

    herein/A4 were alleged to have orally agreed to pay the invested

    amount of Rs.4.00 lakhs to respondent No.2 and L.W2/Gajula

    Venkata Srinivasarao and settle the issue; that three months

    thereafter, respondent No.2 received notice from the Court in a suit

    filed by A1, alleging that he took loan of Rs.2.00 lakhs from A1 in

    the month of November, 2008 on interest and that, respondent No.2

    failed to repay and gave a promissory notice to A1, with his

    signature.

    (b) It is the case of respondent No.2 that A1 was alleged to

    have forged his signature on the promissory note, which was
    7
    SRK, J
    Crl.P.No.6815 of 2023

    scribed by A2, and A3 was alleged to have signed on the said

    promissory note as attestor.

    (c) Respondent No.2 made a complaint before the

    Jurisdictional Court and the same was forwarded to the II Town

    Police Station, Rajamahendravaram for inquiry. The preliminary

    inquiry of the police revealed prima facie case, and pursuant to the

    complaint forwarded by the Jurisdictional Court, a case in Crime

    No.21 of 2020 of II Town Law and Order Police Station,

    Rajamahendravaram was registered for the offences punishable

    under Sections 120B, 467 and 471 read with 34 of IPC and

    investigated into. During the course of investigation, accused Nos.1

    and 2 obtained anticipatory bail from the learned Special Judge for

    trial of Cases under the SCs and the STs (PoA) Act, 1989-cum-X

    Additional District and Sessions Judge, East Godavari at

    Rajamahendravaram vide Order dated 25.02.2020 in

    Crl.M.P.No.158 of 2020. The petitioner herein/A4 was served with

    notice under Section 41A CrPC. Accused No.3 was absconding

    since the date of commission of offence alleged. After completion of

    investigation, L.W10/Md.Ashfaq, Sub-Inspector of Police, II Town

    L&O Police Station, Rajamahendravaram filed Charge Sheet.
    8

    SRK, J
    Crl.P.No.6815 of 2023

    3. Ms. M.L.Neelima, learned counsel for petitioner herein/

    A4 would contend that the petitioner herein/A4 was falsely

    implicated in this case, even though he is no way connected to the

    subject crime. Learned counsel would further contend that

    respondent No.2, who is defendant in O.S.No.249 of 2011 on the

    file of the Principal Senior Civil Judge, Rajahmundry, pleaded that

    he has no acquaintance with A1, but, contrary to the same,

    respondent No.2, in the complaint made before the Jurisdictional

    Court under Section 190 (1) (a) of CrPC, alleged that, the petitioner

    herein/A4 and her mother viz., A1, having agreed to pay the

    invested amount of Rs.4.00 lakhs to him and L.W2/Gajula Venkata

    Srinivasarao, forged the signature of respondent No.2 on the

    promissory note and filed O.S.No.249 of 2011 to gain wrongfully.

    Learned counsel would further contend that the case was got

    registered against the petitioner herein/A4 after a lapse of 12 years.

    The entire material allegations are against A1 and other accused

    and except making an omnibus accusation as against the petitioner

    herein/A4, no specific act has been attributed. Hence, he submits

    that continuation of the impugned Proceedings against the

    petitioner is nothing but abuse of process of Court.
    9

    SRK, J
    Crl.P.No.6815 of 2023

    4. Sri Mahadeva Kanthrigala, learned counsel for

    respondent No.2/de facto complainant would contend that there are

    specific allegations as against the petitioner herein/A4 who is

    alleged to have made the de facto complainant to invest amount in

    the lorry business, and in order to evade to pay the share in the

    benefit arrived out of the said business, the petitioner herein/A4,

    along with other accused, forged the signature of respondent No.2

    and got filed the suit in O.S.No.249 of 2011 on the file of the

    Principal Senior Civil Judge, Rajahmundry. Learned counsel would

    further contend that these are disputed questions of fact and same

    have to be adjudicated during the course of trial, and in a petition

    filed under Section 482 CrPC, these disputes questions of fact

    cannot be gone into by this Court and it is for the trial Court to

    decide the same.

    5. Learned Assistant Public Prosecutor concurred with the

    submissions made by respondent No.2 herein/de facto complainant.

    6. Heard both sides. Perused the material available on

    record.

    7. There cannot be any dispute that inherent powers of

    this Court under Section 482 CrPC can be exercised to prevent
    10
    SRK, J
    Crl.P.No.6815 of 2023

    abuse of process of Court or to give effect to any order under the

    code or to secure the ends of justice. This Court is also conscious

    of the fact that the power of quashing a criminal proceeding should

    be exercised very sparingly and with circumspection and that too in

    the rarest of rare cases and that the Court would not be justified in

    embarking upon an enquiry as to the reliability or genuineness or

    otherwise of the allegations made in the report. On this aspect, it is

    pertinent to refer to the judgment of the Hon’ble Apex court in State

    of Haryana Vs. Ch.Bhajanlal and ors.1, wherein the Hon’ble Apex

    Court held as under:

    “In the backdrop of the interpretation of the various
    relevant provisions of the Code under Chapter XIV and of the
    principles of law enunciated by this Court in a series of
    decisions relating to the exercise of the extraordinary power
    under Article 226 or the inherent powers under Section 482 of
    the Code which we have extracted and reproduced above, we
    give the following categories of cases by way of illustration
    wherein such power could be exercised either to prevent abuse
    of the process of any court or otherwise to secure the ends of
    justice, though it may not be possible to lay down any precise,
    clearly defined and sufficiently channelized and inflexible
    guidelines or rigid formulae and to give an exhaustive list of
    myriad kinds of cases wherein such power should be exercised.

    (1) where the allegations made in the First
    Information Report or the complaint, even if they are taken at

    1
    AIR 1992 SC 604
    11
    SRK, J
    Crl.P.No.6815 of 2023

    their face value and accepted in their entirety do not prima facie
    constitute any offence or make out a case against the accused;

    (2) where the allegations in the First Information Report
    and other materials, if any, accompanying the F.I.R. do not
    disclose a cognizable offence, justifying an investigation by
    police officers under Section 156 (1) of the Code except under
    an order of a Magistrate within the purview of Section 155 (2) of
    the Code;

    (3) where the uncontroverted allegations made in the
    FIR or ‘complaint and the evidence collected in support of the
    same do not disclose the commission of any offence and make
    out a case against the accused;

    (4) where the allegations in the FIR do not constitute a
    cognizable offence but constitute only a non-cognizable
    offence, no investigation is permitted by a police officer without
    an order of a Magistrate as contemplated under Section 155
    (2)
    of the Code;

    (5) where the allegations made in the FIR or complaint
    are so absurd and inherently improbable on the basis of which
    no prudent person can ever reach a just conclusion that there is
    sufficient ground for proceeding against the accused;

    (6) where there is an express legal bar engrafted in any
    of the provisions of the Code or the concerned Act (under which
    a criminal proceeding is instituted) to the institution and
    continuance of the proceedings and/or where there is a specific
    provision in the Code or the concerned Act, providing
    efficacious redress for the grievance of the aggrieved party;

    (7) where a criminal proceeding is manifestly attended
    with mala fide and/or where the proceeding is maliciously
    instituted with an ulterior motive for wreaking vengeance on the
    accused and with a view to spite him due to private and
    personal grudge.”

    12

    SRK, J
    Crl.P.No.6815 of 2023

    8. A perusal of the contents of the charge sheet filed in

    C.C.No.5370 of 2022 on the file of the learned V Additional Judicial

    Magistrate of First Class, Rajamahendravaram goes to show that

    respondent No.2 and L.W2/Gajula Venkata Srinivasarao, believing

    the words of petitioner herein/A4, were alleged to have invested

    Rs.4.00 lakhs each and purchased a tipper and the said tipper was

    registered in the name of accused No.1, who is none other than the

    mother of petitioner herein/A4. The dispute arose, when respondent

    No.2 herein received a notice, got issued by accused No.1 alleging

    that he was indebted to her a sum of Rs.2.00 lakhs under a

    promissory note, alleged to have executed by him in her favour.

    9. A perusal of the material on record further goes to

    show that accused No.1 filed O.S.No.249 of 2011 on the file of the

    learned Principal Senior Civil Judge, Rajahmundry against

    respondent No.2. According to the learned counsel for petitioner

    herein/A4, the said suit was decreed on 04.09.2015 in favour of

    accused No.1 and against respondent No.2 and aggrieved of the

    said Decree and Judgment, respondent No.2 was said to have

    preferred appeal vide Appeal Suit No.11 of 2016 on the file of the

    learned Principal District Judge, East Godavari at

    Rajamahendravaram and the said appeal was allowed in favour of
    13
    SRK, J
    Crl.P.No.6815 of 2023

    respondent No.2. As per the learned counsel for petitioner

    herein/A4, accused No.1 preferred Second Appeal No.382 of 2018

    and it is pending on the file of this Court.

    10. Learned counsel for the petitioner herein/A4 would

    contend that respondent No.2, in his written statement filed in

    O.S.No.249 of 2011 on the file of the Principal Senior Civil Judge,

    Rajahmundry, took the plea that he has no acquaintance with

    accused No.1, and on the other hand, he alleged in the present

    crime that believing the words of petitioner herein/A4, who is none

    other than the son of accused No.1, he along with L.W2/Gajula

    Venkata Srinivasarao invested Rs.4.00 lakhs each and purchased a

    tipper in the name of accused No.1. According to the learned

    counsel, both the pleas are quite contra with each other. It is further

    contended that respondent No.2 got filed the present case

    C.C.No.5370 of 2022 after a lapse of 12 years.

    11. Learned counsel for respondent No.2/de facto

    complainant would contend that respondent No.2 and accused No.1

    jointly conducted works during the year 2007 to December, 2010,

    and later, there was a settlement in between them, and as per the

    settlement, accused No.1 has to pay an amount of Rs.4.00 lakhs to

    him, and to avoid the same, accused No.1 got forged the signature
    14
    SRK, J
    Crl.P.No.6815 of 2023

    of respondent No.2 and filed the suit in O.S.No.249 of 2011 on the

    file of the learned Principal Senior Civil Judge, Rajamundry.

    According to the learned counsel, after succeeding in the appeal

    vide A.S.No.16 of 2016 on the file of the Principal District Judge,

    East Godavari at Rajamahendravaram, respondent No.2 got filed

    O.S.No.4 of 2018 on the file of the Principal Senior Civil Judge,

    Rajahmundry, for damages and the same is pending.

    12. This Court perused all the material on record filed by

    either side. Indisputably, none of the parties filed copies of either

    the Decree and Judgment dated 04.09.2015 passed in O.S.No.249

    of 2011 by the learned Principal Senior Civil Judge, Rajahmundry or

    the Decree and Judgment dated 30.06.2017 passed in Appeal Suit

    No.11 of 2016 [(as per the petitioner herein/A4) (Appeal Suit No.16

    of 2016 as per respondent No.2)] by the learned Principal District

    Judge, East Godavari at Rajamahendravaram.

    13. A perusal of the contents of the written statement in

    O.S.No.249 of 2011 on the file of the learned Principal Senior Civil

    Judge, Rajahmundry, filed by respondent No.2 goes to show that, it

    is the plea of respondent No.2 that someone got filed the aforesaid

    suit by forging his signature on the suit promissory note through the

    plaintiff therein i.e. accused No.1 herein. It is not the case of
    15
    SRK, J
    Crl.P.No.6815 of 2023

    respondent No.2 in O.S.No.249 of 2011 on the file of the learned

    Principal Senior Civil Judge, Rajahmundry that the petitioner

    herein/A4, who is son of accused No.1, along with other accused

    forged the promissory note.

    14. Though learned counsel for respondent No.2

    contended that when the disputed signature on the suit promissory

    note in O.S.No.249 of 2011 was sent to the Expert, CFSL,

    Hyderabad, it was opined that there was no significant similarity

    between the questioned and standard signatures and they pertain

    to different authorship, merely basing on the said opinion, it cannot

    be concluded that such difference was due to the forgery done by

    the petitioner herein/ accused No.4. There is no prima facie case to

    connect the petitioner herein/A4 that he conspired together with

    other accused and committed the offences punishable under

    Sections 120B, 467 and 471 read with 34 of IPC.

    15. Except vague and bald allegations, which are not

    sufficient to prosecute the petitioner herein/A4, there is no other

    accusation as against the petitioner herein/A4. Pursuant to the

    accusations made as against the petitioner herein/A4, the chances

    of convicting him when the trial takes place are bleak and remote.

    When such is the case, there is no point in allowing him to face the
    16
    SRK, J
    Crl.P.No.6815 of 2023

    entire ordeal of trial. In view of the aforesaid circumstances, this

    Court is convinced and quashes the proceedings in respect of

    petitioner herein/A4.

    16. Accordingly, the Criminal Petition is allowed and the

    proceedings in Calendar Case No.5370 of 2022 pending on the file

    of the learned V Additional Judicial Magistrate of First Class,

    Rajamahendravaram, as against the petitioner herein/Accused No.4

    are quashed.

    As a sequel thereto, the miscellaneous petitions, if any,

    pending in this Criminal Petition shall stand closed.

    JUSTICE K. SREENIVASA REDDY
    th
    16 March, 2026.

    DNB

    Note:

    LR Copy to be marked.

    B/o.

    DNB



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