Andhra Pradesh High Court - Amravati
Gaddela Srinu vs The State Of Andhra Pradesh on 18 April, 2023
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No. Criminal Petition No. 2780 of 2023
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No NOTE
1. 18.04.2023 BSB, J
I.A.No.1 of 2023
Heard.
This is an application to dispense with the
filing of the certified copy of the FIR in Crime
No.347 of 2022, dated 14.12.2022.
The petition is ordered for the present
granting time to file copy of the same on or
before 09.05.2023.
________________
B.S.BHANUMATHI, J
Crl. Petition No.2780 of 2023
Issue notice to the 2nd respondent.
Learned counsel for the petitioners is permitted to take out personal notice to the 2nd respondent by RPAD and file proof of service.
Post on 09.05.2023.
________________ B.S.BHANUMATHI, J I.A.No.2 of 2023 Learned counsel for the petitioners submitted that the dispute between Y.Veeraiah and the petitioner herein has roots way back since 2017 whereby suits were filed; and, later 2 BSB, J Crl.P.No.2780_2023 the Tahasildar of T. Narsapuram, by letter, dated Contd...
24.07.2019, addressed to the then District Collector, West Godavari, at Eluru, reported that there is a dispute between the writ petitioner and Y. Veeraiah over the very same property based on different pattas. The Forest Range Officer, Eluru Range, also informed that this property forms part of reserve forest.
In this regard, he further submitted that Y. Veeraiah also lodged a complaint on 27.12.2020 before T. Narsapuram Police Station on the very same allegation of creation of fake patta, and thereby, the petitioner approached this Court, and this Court, by order, dated 08.07.2021, passed in Criminal Petition No.3935 of 2021, stayed the proceedings in F.I.R.No.418 of 2020 of T. Narsapuram Police Station. He further submitted that to overcome the same, the successor Tahasildar, lodged complaint reporting the very same subject alleging that a fake patta was created by the petitioner. Therefore, learned counsel submitted that in respect of the very same cause of action, two proceedings cannot be launched.
Learned Assistant Public Prosecutor submitted that the test of sameness is discussed by the Supreme Court in the case of Babubhai and Ors. Vs. State of Gujarat and Ors. 1 in paragraphs 13 & 14.
12010 (12) SCC 254 [Para No.13] 3 BSB, J Crl.P.No.2780_2023 Perused the record.
The substance of material would indicate that the dispute relates to the very same subject involved over a long time. Therefore, in the light of the submissions made by the learned counsel for the petitioners, there shall be interim stay for a limited period, i.e., till 09.05.2023.
Learned counsel for the petitioners is permitted to take out personal notice to the 2nd respondent.
________________ B.S.BHANUMATHI, J RAR