Kommu Naga Venkata Sai vs Kosireddy Prakasa Rao
2022 Latest Caselaw 2119 AP

          THE HON'BLE SRI JUSTICE D. RAMESH

          CRIMINAL PETITION No.3209 of 2022

ORDER:

This Criminal Petition under Section 482 Code of

Criminal Procedure, 1973(for short "Cr.P.C") is filed seeking

to call for the records relating to Crime No.57 of 2022 before

the Pithapuram Rural Police Station, East Godavari District

and quash the same.

2. The facts in brief are that basing on the complaint

made by the defacto complainant on 28.03.2022, the police of

Pithapuram Rural, East Godavari District registered the

above crime against the petitioners herein as a case in Crime

No.57 of 2022 for the offences punishable under Sections

415, 418, 420, 406, 352, 506(2), 307, 325, 327 read with 34

IPC and under Section 156(3) Cr.P.C.

3. The allegations made in the complaint against the

accused are that on various occasions the accused took

paddy from the complainant by executing pronotes and when

the complainant along with his son approached the accused

for payment of the amounts due, they threatened with dire

consequences to kill them.

4. Heard both sides.

5. A perusal of the complaint made by the defacto

complainant would show that the allegations levelled against

the petitioners are purely civil in nature. Further, in a catena

of judgment of Apex Court as well as this Court, time and

again it was observed that when once the allegations prima

facie appears to be civil in nature, initiation of criminal

proceedings would vitiate, on the premise of non application

of correct provisions of law.

6. In that view of the matter, this Criminal Petition is

disposed of granting liberty to the petitioners to avail their

remedies before the appropriate form for an appropriate relief,

if they are advised so. However, it is made clear that all

further proceedings in pursuance of registration of Crime

No.57 of 2022 may go on, but the respondents are advised

not to take any coercive steps against the petitioners.

As a sequel, miscellaneous applications, if any pending

shall stand closed.

_______________ D. RAMESH, J

Date : 28-04-2022 tm

THE HON'BLE SRI JUSTICE . RAMESH

CRIMINAL PETITION No.3209 of 2022

Date : 28-04-2022

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