APHC010355662023 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: 5143/2023 Between: 1. PALLA SRINIVASA RAO, S/O. SIMHACHALAM, AGED 51 YEARS, R/O.D.NO.9-1-177, JOGAVANIPALEM, NEW GAJUWAKA, VISAKHAPATNAM. 2. PALLA SRINIVASA RAO, S/O. APPA RAO, AGED 50 YEARS, R/O. D.NO.9-8-177/1, JOGAVANIPALEM, NEW GAJUWAKA, VISAKHAPATNAM. 3. AKKIREDDY SRINIVASA RAO, S/O. LATE RAMA RAO, AGED 46 YEARS, R/O.D.NO.32-3-25/3, BHPV POST, NATAYYAPALEM, GAJUWAKA, VISAKHAPATNAM. 4. SETTY GOPI, S/O.APPALA SWAMY, AGED 45 YEARS, R/O. D.NO.7-5-48, SATTIVANIPALEM, OPP. SUB STATION, GAJUWAKA, VISAKHAPATNAM. 5. SARWASIDDI ANANTH LAXMI, W/O.LATE VENKY NAIDU, AGED 31 YEARS, R/O. D.NO. 1-5-127, AKKIREDDUPALEM, GAJUWAKA, VISAKHAPATNAM. 6. BOTTA PRAKASH RAO, S/O.VENKI NAIDU, AGED 41 YEARS, R/O.DOOR NO.30-56-12, VADLAPUDI, RH COLONY, 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 Court pleased to quash the proceedings in CC.No.889 of 2021 on the file of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam and to pass 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 2 Petition, the High Court may be pleased to stay all further proceedings in CC No.889 of 2021 on the file of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam including presence of the petitioners and to pass 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 extend the interim orders granted on 21-7-2023 in Crl.P No. 5143 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.6 seeking quashment of the Proceedings against them in CC No.889 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, registered for the offences punishable under Sections 188, 269, 271 and 336 read with 34 IPC. 2. The relevant facts of the case, in brief, are that i) On 05.06.2020 at 10.30 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 at KIMS ICON hospital without maintaining social distance and the COVID-19 guidelines and raised slogans against the Government and violated the orders of the District Collector, Visakhapatnam for preventing COVID-19 Virus. Since there are no mediators, the Police personnel drafted the occurrence report and registered the same as a case in Crime No.745 of 2020 of Gajuwaka Police Station, against A.1 to A.6 for the offences punishable under Sections 188, 269, 271 and 336 read with 34 IPC and Section 51(b) of Disaster Management Act, Section 3 of Epidemic Diseases Act. After completion of investigation, the Police filed charge sheet and the same is taken on file vide CC No.889 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka for the offences punishable under Sections 188, 269, 271 and 336 read with 34 IPC. Seeking 4 quashment of the proceedings in CC No.889 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, the present Criminal Petition has been filed by the Petitioners/A.1 to A.6. 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 Petitioners therein and would submit that similar order may also be passed against the Petitioners/A.1 to A.6 herein. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. As far as the offences punishable under Sections 271 and 336 IPC are concerned, a reading of the entire allegations of the complaint / charge sheet, there are no ingredients attracting the said offense. Needless to emphasize that the above judgment is squarely applies to the facts of the present case. In this case also the main offence is under Section 188 IPC and other offences are incidental to the said offence. Therefore, continuation of the criminal proceedings would amount to abuse of process of the Court and also is not in the interest of Justice. 5 7. 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 against the Petitioners is not tenable and would amount to abuse of process of law and are liable to be dismissed. 8. Accordingly, this Criminal Petition is allowed and the proceedings in CC No.889 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, against the Petitioners/A1 to A.6 are hereby quashed. 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. 5143 of 2023 08.04.2026 Mjl /*