APHC010078162023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1258/2023 Between: 1. RAMIREDDY PRATAP KUMAR REDDY, S/O R. SUBBARAMI REDDY, HINDU AGED ABOUT 54 YEARS, OCC MEMBER OF LEGISLATIVE ASSEMBLY RESIDENT OF MUSUNURU VILLAGE, KAVALI TOWN AND MANDAL, SPSR NELLORE DISTRICT. 2. KANAMARLAPUDI VENKATA NARAYANA, S/O GURAVAIAH, HINDU AGED ABOUT 53 YEARS, OCC. BUSINESS RESIDENT OF RAILWAY STATION ROAD, KAVALI TOWN AND MANDAL, SPSR NELLORE DISTRICT. 3. DEGA RAMAIAH, S/O NARAYANA, HINDU AGED ABOUT 54 YEARS, OCC. BUSINESS RESIDENT OF PUCHALAPALLI VARI STREET, KAVALI TOWN AND MANDAL, SPSR NELLORE DISTRICT. 4. GANGU VENKATA CHANDRA SEKHAR, S/O G.L NARAYANA, HINDU, AGED ABOUT 50 YEARS, OCC. BUSINESS RESIDENT OF OPP. TO MRO OFFICE, KAVALI TOWN AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, SHO, KAVALI-I TOWN PS, KAVALI SPSR NELLORE DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI 2. P RATHNA JYOTHY, D/O NOT KNOWN, AGE NOT KNOWN, I/C. MPDO- KAVALI, KAVALI TOWN AND MANDAL, SPSR NELLORE 2 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in C.C.No.11 of 2022, on the file of the court of Hon'ble Special Court for Trail of Criminal Cases Relating to Elected M.Ps. and M.L.As at Vijayawada, Krishna District, Andhra Pradesh and quash the same as the same is illegal, abuse of process of law in the interest of justice and may pass such IA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense the records in C.C.No.11 of 2022, on the file of the court of Hon'ble Special Court for Trail of Criminal Cases Relating to Elected M.Ps. and M.L.As at Vijayawada, Krishna District, Andhra Pradesh and quash the same as the same is illegal, abuse of process of law in the interest of justice and may pass such IA NO: 2 OF 2023 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.No.11 of 2022, on the file of the court of Hon'ble Special Court for Trail of Criminal Cases Relating to Elected M.Ps. and M.L.As at Vijayawada, Krishna District. Andhra Pradesh including the presence of the petitioners pending disposal of the main criminal petition and may pass such IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioners to add the additional ground nos. (h) and (i) in support of the present interlocutory application in CRLP. No. 1258 of 2023 in the interest of justice and pass Counsel for the Petitioner/accused(S): 3 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 1. KOMARA PRUDHVI RAJ Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 4 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1258/2023 ORDER:- The Criminal Petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the petitioners/Accused Nos.1 to 4, for quashment of the case against the petitioners/Accused Nos.1 to 4 in C.C.No.11 of 2022 on the file of Special Court for Trial of Criminal Cases relating to Elected M.Ps and M.L.As at Vijayawada, Krishna District, for the offences punishable under Sections 171- C, and 188 of Indian Penal Code. 2. Heard Sri.K. Prudhvi Raj, learned counsel for the petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 3. The learned counsel for the petitioners submits that the case has been registered against Accused Nos. 1 to 4 for offences punishable under Sections 171-C and 188 read with 34 of the I.P.C., and Section 127 of the Representation of the People Act, 1951. 4. The case originated from a complaint submitted by Respondent No. 2, who was in charge MPDO, to the Election Returning Officer, which was subsequently forwarded to the police. 5 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 5. The learned counsel further submits that the allegation against the petitioners is as follows: there is a Krishna Temple in the street, and after offering prayers, one Ramireddy Pratap Kumar Reddy and other leaders came out. Two unidentified persons allegedly entered the temple carrying a YSRCP election symbol. Two campaign vehicles with sound systems were stationed in the street. Upon enquiry, it was stated that the volume would not exceed the permitted limit. Seven drums, allegedly used without permission, were identified and seized by the police. 6. After investigation, the police filed a charge sheet, and the Court took cognizance of offences under Sections 171-C and 188 I.P.C., deleting Section 127 of the Representation of the People Act. The case was later transferred to the Special Court for Trial of Criminal Cases relating to MPs and MLAs at Vijayawada and numbered as C.C. No. 11 of 2022. The learned counsel contends that even if the allegations in the FIR and charge sheet are accepted as true, they do not disclose the ingredients of the offences under Sections 171-C or 188 I.P.C. 7. The learned counsel further submits that, to attract Section 188 I.P.C., there must be an order duly promulgated by a public servant. 8. It is also submitted that, according to the statement of Witness No. 6, the drums were not even used, and there is no evidence that they were in the possession of the petitioners. There is no material to show that the petitioners 6 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 threatened or induced any candidate or voter, or caused obstruction, annoyance, or injury to any person. The counsel prays that the petition be allowed, as the continuation of criminal proceedings amounts to an abuse of process of law. 9. The learned Assistant Public Prosecutor opposed the petition and submitted that the Court may pass appropriate orders. 10. Upon hearing both sides and examining the material on record, it appears prima facie that the learned Magistrate took cognizance of the offences under Sections 171-C and 188 I.P.C. based on the police charge sheet, which is in violation of the procedure contemplated under Section 195(1)(a)(i) Cr.P.C. This provision stipulates that no Court shall take cognizance of offences under Sections 172 to 188 I.P.C. except upon a written complaint by the concerned public servant or a superior officer. Thus, there is a clear procedural violation. Section 195(1)(a) Cr.P.C. reads as follows: “195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (1) No Court shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or (ii)of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the10 public servant concerned 7 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 or of some other public servant to whom he is administratively subordinate; It is relevant to extract section 171-C 171C. Undue influence at elections.— (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub- section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind, or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 11. In order to attract the provisions of Section 171-C, there must be some attempt to induce or threaten a voter or a candidate. Undue influence at elections occurs when someone intentionally interferes with a person’s free exercise of electoral rights. This includes threatening candidates or voters, or those connected to them, with harm. It also covers inducing fear of divine displeasure or spiritual consequences to influence their choice. However, simply declaring public policy, 8 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 promising public action, or exercising a legal right without such intent does not count as undue influence. 12. Viewed from any angle, the police are not empowered to investigate an offence punishable under Section 188 I.P.C. and file a charge sheet based solely on a police report. In the present case, the learned Magistrate has taken cognizance pursuant to a charge sheet filed by the police, in the absence of a written complaint as required by law. Hence, the procedure adopted is not in consonance with law. Further, even if the entire allegations against the petitioners are taken to be true, no prima facie case for the offence punishable under Section 171-C I.P.C. is made out against them. In that view, the present case falls within the categories enumerated in the Judgment of State of Haryana v. Ch.Bhajanlal and others 1. Therefore, the continuation of criminal proceedings against the petitioners amounts to a mere abuse of the process of law. 13. Accordingly, the Criminal Petition is allowed. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.04.2026. PBS 1 AIR 1992 SC 604 9 Dr. VJP, J Crl.P.No.1258 of 2023 Dated 10.04.2026 223 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1258/2023 Dt.10.04.2026 PBS