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Andhra Pradesh High Court – Amravati
Aishwarya Cotton Mills vs The State Of Andhra Pradesh on 19 June, 2025
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
THURSDAY, THE NINETEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE HARINATH.N
IANo.2OF2025
IN
CRLP NO: 6051 OF 2025
Between :
1. Aishwarya Cotton Mills, Rep. By Boggarapu Naga Raju, S/o B. Subba
Guruvaiah, Aged about 60 years, R/o H.No.25-695/ll, FIat No.101, Sai
Residency, Srinivasa Nagar, Nandyal Town.
2. Boggarapu Naga Raju, S/o Boggarapu Subba Guruvaiah, Aged about
60 years, R/o H.No.25-695/ll, FIat No.101, Sai Residency, SrI'niVaSa
Nagar, NandyaI Town.
3. Boggarapu Naga Prasad, S/o. Boggarapu Subba Guruvaiah, Aged
about 55 years, R/o 2-428-155, Bypass Road, NandyaI, Kurnool.
4. Shaik Saleem Basha @ Saleem Shaik, S/o Shaik Khaci;r Vali, Aged
about 36 years, R/o. 28/850-N9, NGOS Colony, Nandyala, Nandyala
District.
...Petl'tjoners/A1 -A4
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
at Amaravathi, Through S.H.O, Nandyal Ill Town PS, Nandyal District.
2. Manu lttina, S/o Late I. Mahabaleshwarappa aged 44 years, R/o lttina
House KaikondrahaIIi, Bangalore, Karnataka.
...Respondent/Defacto Complainant
Counsel for the petitioner : SRI P M MITHILESHWARA REDDY
Counsel for the Respondent No.1: PUBLIC PROSECUTOR
Petition under Section 528 of BNSS is filed praying that in the
circumstances stated in the memorandum of grounds filed in support of the
\,
petition, the High Court may be pleased toJgrant Stay Of all further proceedings
ih FIR 86/2025 on the file of Nandyal Ill Town P.S., NandyaI District, Pending
disposal of CRLP No. 6051 of2025, on the file of the High Court.
-` CRLP NO: 6051 OF 2025:
I
|-I petition under section 528 of BNSS/482 OF Cr.P.C. is fI'led Praying that
in the ;ircumstances stated in the memorandum of grounds filed in support of
the Criminal Petition, the High Court may be pleased to call for the records in
FIR 86/2025 on the fl-Ie of Nandyal Ill Town P.S., NandyaI District, and quash
the same as far as the petitioners herein are concerned
The court while directing issue of notice to the' Respondents herein to
show cause as to why this application should not be complied with, made the
following order.(The receipt of this order will be deemed to be the receipt of
notice in the case). The Court made the following
ORDER:
{[The learned counsel for the petitioners submits that petitioners
are arraigned as accused in Crime No.86 of 2025, on the file of Nandyal
III Town Police Station, NandyaI.
[t is alleged that the petitioners have committed off6`’lnces under
Sections 406, 420, 465, 467, 468, 471, 474 read with Section 34 of the lPC.
The learned counsel for the petitioners submits that the subject
matter of the alleged offences relates to the receipts that were filed
before the Ill Additional District Court, NandiyaI, in O.S.No.17 of 2019|
The suit was fI-led for recovery Of an amount Of Rs.84,00,000/-. lt is
alleged in the comp[ajnt 1:hat the suit was based on fabrjca1:ed and forged
documents.
The learned counsel further submits that it I-S alleged the
petitioners conspired and fraudulently created the receipts which form
subject matter of the suit, and based on that allegation, a complaint has
been filed.
The learned cou-nsel for the petitioners also placed reliance on
the judgment of the Honlble Supreme court in Rajeshbhai Muljibhai Patel
and others vs| State of Gujarat and another reported in (2020) 3 SCC 794.
The Hon’ble Supreme Court considered the issue of disputed
questions of fact, which would have to be adjudicated after the parties
have given evidence. When the subject of a civil sul-I is pending
consideration before the competent Court, it ought not to again become
the subject of a criminal complaint after a certain period of time.
Heard the learned Assistant Public Prosecutor.
IVlr.Krishna Bushan intends to file vakalat on behalf of the 2nd
respondent and requests time.
It is submitted that multiple FIRs have been filed against the
petitioners, treating each receipt filed before the Civil Court as separate
cause of action for filing individual complaint.
Crl.P.No.6051 of 2025
Considering the same, there shall be a stay of all further
proceedings in crime NoI86 of 2025, on the file of NandyaI I[town Po[jce
Station, Nandyal.
Post the matter on 22.07.2025.”
SD/-M.SRINIVAS
ASS!S-:;=N±L5ES !STR
//TRUE COPY// SECTION OFF l[R
For
To]
1. The S.H.O, Nandyal Ill Town PS, Nandyal District.
2. Manu lttina, S/o Late I. Mahabaleshwarappa aged 44 years, R/o lttina
House Kaikondrahalli, Bangalore, Karnataka. (By RPAD)
3. One CC to SRl. P M MITHILESHWARA REDDY, Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh.
[ouT]
5. One spare copy
HIGH COURT
HNIJ
DATED: 19/06/2025
POST THE MATTER ON 22.07.2025
ORDER
IANo.2OF2025
IN
CRLP NO: 6051 OF 2025
STAY
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