Andhra Pradesh High Court - Amravati
Venkata Reddy Kvr Alias Kayala Venkata ... vs The State Of Andhra Pradesh on 14 November, 2025
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. Crl.P.No.11815 of 2025
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
01. 14.11.2025 Dr.VJP, J
I.A.No.2 of 2025
Heard Sri K.P.S.Sailesh Reddy, learned counsel
for the Petitioner / Accused No.1.
Learned counsel would submit that a case in
Crime No.47 of 2025 on the file of Koyyuru Police
Station, Alluri Sitharama Raju District for the offences
under Sections 308(4), 351(3) and 140(2) read with
3(5) of BNS and Section 3(1)(f), 3(2)(V)(va) of SCs &
STs (PoA) Act has been registered against the
Petitioner and others on the ground that while the de
facto complainant was carrying out operations of
laterite mining as per the rules and regulations of the
Government, Petitioner herein along with other
Accused threatened him demanding to transfer his
mining lease to them. It is further alleged that they
also kidnapped the De facto complainant and his
brother, switched off their phones, forcibly took him to
Bheemunipatnam Joint Sub Registrar Office and
obtained his signature on an agreement stating that
he had received Rs.20.00 lakhs for the said mining
lease. Learned counsel would further submit that,
prima facie there are no ingredients to attract the
offences alleged against the Petitioner. Learned
counsel for the Petitioner would further submit that
the Accused No.4 lodged a complaint dated
03.09.2025 before the National Commission for
Scheduled Tribes against the De facto complainant
alleging several irregularities in the laterite mining
lease in Bhamidika Village of Anakapalli District, due
to which, the mining operations in that area were
temporarily halted. As such, having borne grudge,
the present complaint has been lodged by the De
facto complainant against the Petitioner /A.1 along
with the other Accused with false allegations.
Learned counsel would further submit that there
is an inordinate delay in lodging the present
complaint as the alleged incident said to have taken
place on 27.05.2024, whereas, the present complaint
was lodged on 01.11.2025. The present complaint
has been lodged with a political motive. Learned
counsel finally prays to stay all further proceedings in
this matter.
Sri M.Lakshminarayana, learned Public
Prosecutor takes notice on behalf of the State.
Learned Public Prosecutor would submit that, there
are specific allegations leveled against the
Petitioner/A.1 in the commission of the alleged
offences. It is further submitted that investigation is
at the nascent stage and the same may go on to
reveal the truth or otherwise of the said allegations.
In support of his contentions, learned Public
Prosecutor has placed reliance on the judgments of
the Hon'ble Supreme Court in Muskan vs. Ishaan
Khan (Santaniya) & Others1 and the High Court
of Delhi in Om Prakash Srivastav @ Babloo vs.
State2.
As seen from the material, it appears prima
facie that there is a delay in lodging the FIR and
that there is verifiable material to be disclosed
during investigation and that, this is not the stage
to decide the truth or otherwise of the said
allegations or culpability of the Petitioner in the
commission of the alleged offences, by going into
merits of the case.
Considering the submissions made, Police are
directed not to take any coercive steps against the
Petitioner/A.1 relating to Crime No.47 of 2025 on the
file of Koyyuru Police Station, Alluri Sitharama Raju
District, till the next date of hearing.
However, it does not preclude the Police to
proceed with the investigation and file a report.
Petitioner shall appear before the Police as
and when directed by the Police and shall
cooperate with the investigation.
________
Dr.VJP, J
1
2025 INSC 1287
2
2006 (92) DRJ 198
Crl.P.No.11815 of 2025
Meanwhile, learned counsel for the
Petitioner/A.1 is permitted to take out personal notice
to Respondent No.2 through Speed Post / Courier
and file proof of the same.
List the matter on 28.11.2025.
________ Dr.VJP, J Note: Issue C.C today B/o.
Dinesh