Andhra Pradesh High Court - Amravati
South Andhra Lutheran Church, vs State Of Andhra Pradesh, on 4 August, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF AUGUST, a TWO THOUSAND AND TWENTY ~ : PRESENT: THE HONOURABLE SRI JUSTICE NINALA JAYASURYA _ CRIMINAL PETITION NO: 2981 OF 2020 _. Between: 1. South Andhra Lutheran Church, Society registered under Societies Registr ion. Art, 1860, Rep. by Secretary Smt. M.Nirmala aged 62 Years, O/o., Central. Church Office, East Mission Compound, Tirupathi - 517507. 2. B.Vijaya Kumar, S/o.B.Devadanam Christian, aged about 62 years, R/o.Church Compound Gudur, SPSR Nellore District ' 3. B.Arunodaya Kumar, S/o.B.Devadanam, Christian, aged about 55 years, Treasurer, SALC,R/o. Ho. No.19-9-25 Kennedy Nagar, Tirupati, Chittoor istrict. ...Petitioners AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor for the State of Andhra Pradesh, High Court Buildings, Hyderabad. 2. Station House Officer, S.V.U.Campus PS, Tirupathi Urban, Tirupathi . .Respondents 3. J. Deva Kumar, S/o. J.S.Raju, Indian, aged 50 years, R/o. Flat No.401, MRVS Apartments, R/o K.B.Layout, M.R.V.S Apartment, Tirupathi Municipal Corporation, Chittoor District. ..Respondent/de-facto Complainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the Criminal Petition, the High Court may be pleased to quash the F.I.R.No.200 of 2020 dated 13-07-2020 on the file of the SHO, S.V.U.Campus PS, Tirupathi Urban Police illegal, null and void. IA NO: 2 OF 2020 Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to stay all further proceedings including arrest of the Petitioners/ Accused No.1 to 4 in F.I.R.No. 200 of 2020 dated 13-07-2020 on the file of the SHO, S.V.U.Campus PS, Tirupathi Urban, pending disposal of CRLP 2981 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Sri M.S.Prasad, Advocate for the Petitioners and of Public Prosecutor for the Respondent No.1 & 2 and the Court made the following. ORDER
"Heard the learned counsel for petitioners Mr.M.S.Prasad, Senior counsel and learned A.P.P. representing learned Public Prosecutor. The present petition is filed seeking to quash FIR No.200 of 2020 dated
-43.07.2020 on the file of SHO, S.V.U Campus PS, Tirupathi Urban.
The said FIR has been registered against the petitioners 2 and 3 for the alleged offences under Sections 188, 406, 420 and 120(B) r/w 34 of IPC pursuant to a complaint dated 13.07.2020 made by the 3rd respondent' defacto complainant.
The learned senior counsel for the petitioners submits that it is purely a civil dispute between two groups and Section 188 of IPC has no application to the facts of the case.
The learned senior counsel further submits that infact the sale deeds which were referred to in the complaint of respondent No.3 have been executed on behalf of the first petitioner by its Chairman Mr.Yagani Mojes and incharge treasurer Mr.M.Deva Prasad but not the petitioners herein.
The learned counsel for petitioners further states that the petitioners 2 and 3 herein however has been shown as accused 1 and 2 in the said FIR though they have been nothing to do with the said sale transactions. | | The learned counsel for petitioners further contends that if there are any disputes with regard to the property in question and affairs of the society, the 3rd respondent has a remedy under the Societies Registration Act and in so far as registration of sale deeds are concerned, the remedy is to file a suit for cancellation of sale deeds. However under the guise of complaint submitted by the 3rd respondent, the police have registered the FIR against the petitioners 2 and 3 though it is purely a civil dispute. « The leaned counsel for petitioners also submits that there is no violation of any orders to attract the provisions of Section 188 of IPC. .
The learned A.P.P. on the other hand submits that in so far as the alleged offences under Sections 420 and 120 are concerned, same are required to be investigated and if any order of stay is granted at this stage, the enquiry process would be hampered. The learned counsel further. seeks time to get instructions in the matter. | :
Having considered the submissions made on behalf of both the learned counsel, this court prima facie is of the opinion that the issue is purely a civil dispute between the parties. In such view of the matter there shall be stay of all further proceedings in FIR No.200 of 2020 on the file of SHO S.V.U Campus PS, Tirupathi Urban including arrest of the petitioners 2 and 3 only for a period of six (06) weeks. . | The learned counsel for petitioners is permitted to take out personal notice on respondent No.3 and file proof of service within three (03) weeks.
List the matter after three (03) weeks."
gd/- V. DIWAKAR ASSISTANT RE ISTRAR JITRUE COPY!/ "Nhe, For ASSISTANT REGISTRAR To,
4. The Station House Officer, S.V.U.Campus PS, Tirupathi Urban, Tirupathi
2. J. Deva Kumar, S/o. J.S.Raju, Indian, aged 50 years, R/o. Flat No.401, MRVS Apartments, R/o K.B.Layout, M.R.V.S Apartment, Tirupathi Municipal Corporation, Chittoor District. (1 & 2 by RPAD)
3. One CC to Sri. M.S.Prasad, Advocate [OPUC] 4 Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT]
5. One spare copy SP HIGH COURT NJSJ DATED: 04/08/2020 LIST THE MATTER AFTER THREE (03) WEEKS.
ORDER CRLP.No.2981 of 2020 a SES Ns, < go ? a aw, f £ Oe, 'i Sree SY Qf OMY fi ws eae F eewne XN ee = i VB AUG t a ' oe INTERIM DIRECTION