APHC010355672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5142/2023 Between: 1. PALLA SRINIVASA RAO, S/O. SIMHACHALAM, AGED 51 YEARS, R/O. D.NO. 9-1-177, JOGAVANIPALEM, NEW GAJUWAKA, VISAKHAPATNAM. 2. MOHAMMAD RAFIS, S/O. LATE ABDUL MAZEED, AGED 47 YEARS, R/O. D.NO. 11-34-26, AZEEMABAD, GAJUWAKA, VISAKHAPATNAM. 3. GORLE VENKU NAIDU,, S/O. LATE APPANNA, AGED 53 YEARS, R/O. D.NO. 30-70-10/1, RH COLONY, APPIKONDA, VADLAPUDI POST, VISAKHAPATNAM. 4. PALLA SRINIVASA RAO,, S/O. APPA RAO, AGED 50 YEARS, R/O. D.NO. 9-8-177/1, JOGAVANIPALEM, NEW GAJUWAKA, VISAKHAPATNAM. 5. BONDA JAGANNADHWN,, S/O. LATE DEMUDU, AGED 45 YEARS, R/O. D.NO. 28 15-9, VADLAPNDI, GAJUWAKA, VISAKHAPATNAM. 6. GANDHAM SRINIVASA RAO,, S/O. SURIBABU, AGED 49 YEARS, R/O. D.NO. 14-6-20/5, BC ROAD, GAJUWAKA, VISAKHAPATNAM 7. MADAGALA SRINIVASA RAO,, S/O. LATE LAXMANA RAO, AGED 44 YEARS, R/O. D.NO. 10-9-4, HIGH SCHOOL ROAD, GAJUWAKA, VISAKHAPATNAM. 8. KOMMANAPALLI SIMHACHALAM, , S/O. LATE RAMUSU, AGED 45 YEARS, R/O. D.NO. 9-1-45/1, GANESH COLONY, NEW GAJUWAKA, VISAKHAPATNAM. 9. RETTI JAYAMMA,, S/O. VASU, AGED 47 YEARS, R/O. D.NO. GF- 1, 7TH BLOCK, VAMBEY COLONY, GAJUWAKA, VISAKHAPATNAM. 10. GOMADA SRINIVASA RAO,, S/O. APPALANAIDU, AGED 51 YEARS, R/O. D.NO. 10-8-46, BESIDE GBR COMPLEX, GAJUWAKA, VISAKHAPATNAM. 11. SINGURU ANANTHA RAO,, S/O. RAMULU, AGED 48 YEARS, R/O. D.NO. 9-2-72, PYDIMAMBA TEMPLE, GAJUWAKA, VISAKHAPATNAM. 2 12. PRASADHULA SRINIVAS,, S/O. SURYA RAO, AGED 52 YEARS, R/O. D.NO. 9-2-72, BEHIND ELEMENTRY SCHOOL, GAJUWAKA, VISAKHAPATNAM. 13. DODLA VENKATA JAGADEESHM,, S/O. LATE RAMA KRISHNA RAO, AGED 44 YEARS, R/O. D.NO. 13-20-3, BC ROAD, GAJUWAKA, VISAKHAPATNAM ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR, HIGH COURT A.P., AT AMARAVATI. 2. THE SUBINSPECTOR OF POLICE, GAJUWAKA POLICE STATION, VISAKHAPATNAM. DISTRICT ...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 Courtmay be pleased to quash the proceedings in CC NO. 888 of 2021 on the file of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam and to 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 may be pleased to stay all further proceedings in CC NO. 888 of 2021 on the file of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam including presence of the petitioners and to 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 pleased to extend the interim orders granted on 21-7-2023 in Crl.P No. 5142 of 2023 and to pass Counsel for the Petitioner/accused(S): 1. V V SATISH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 3 The Court made the following: ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is filed by the Petitioners/A.1 to A.13 seeking quashment of the Proceedings against them in CC No.888 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, registered for the offences punishable under Sections 188 and 269 read with 34 IPC. 2. The relevant facts of the case, in brief, are that i) On 12.06.2020 at 11.00 hours the Inspector of Police, Gajuwaka Police Station along with his staff were performing patrolling duties in connection with prevention of COVID-19 virus, they found the Accused persons without maintaining social distance and the COVID-19 guidelines and raised slogans against the Government regarding arrest of MLA Kinjarapu Atchenna Naidu and violated the orders of the District Collector, Visakhapatnam for preventing COVID- Virus. Since there are no mediators, the Police personnel drafted the occurrence report and registered the same as a case in Crime No.760 of 2020 of Gajuwaka Police Station, against A.1 to A.13 for the offences punishable under Sections 188 and 269 read with 34 IPC and Section 51(b) of Disaster Management Act, Section 3 of Epidemic Diseases Act. Seeking quashment of the proceedings in CCNo.888 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, the present Criminal Petition has been filed by the Petitioners/A.1 to A.13. 4 3. Heard Sri V.V.Satish, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record. 4. During hearing, learned counsel for the Petitioners would submit that the subject matter of this Criminal Petition is squarely covered by the Order dated 04.07.2023 passed in Crl.P.No.2145 of 2021 by a Coordinate Bench of this Court, wherein the proceedings therein were quashed against the Petitioner therein and would submit that similar order may also be passed against the Petitioners/A.1 toA.13 herein. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions made and in the light of the legal position supra, the facts of the present case are squarely covered by the order passed in Crl.P.No.2145 of 2021 dated 04.07.2023 and hence, continuation of the criminal proceedings/investigation against the Petitioners is not tenable and would amount to abuse of process of law and are liable to be dismissed. 7. Accordingly, this Criminal Petition is allowed and the proceedings in CC No.888 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, registered for the offences punishable under Sections 188 and 269 read with 34 IPC against the Petitioners/A1 to A.13 are hereby quashed. 5 Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 08.04.2026 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 5142 of 2023 08.04.2026 Mjl /*