APHC010123082021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 1901/2021 Between: 1. SAITHANA VEERA SIVA SANKARARAO @ VINEEESH, S/O. VARAHALRAO, AGED 25 YEARS, OCC. PVT EMPLOYEE R/O.KANDARADA VILLAGE, PITHAPURAM MANDAL, EAST GODAVARI DISTRICT. 2. PILLA VERABABU, S/O. CHINA CHINNARAO @ BODABBAI, AGED 54 YEARS, R/O. GANUGA TREE STREET, KOTHA KANDARADA VILLAGE, PITHAPURAM MANDAL, EAST GODAVARI DISTRICT. 3. SATTI AYYAPPA, S/O. MERIYYA, AGED 35 YEARS, R/O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. 4. M.THAMMANNA DORA, S/O. VENKATESWARARAO AGED 38 YEARS, OCC. AGRICULTURE, R/O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. 5. MANSE HARISH, S/O. ABBAI, AGED 38 YEARS, R/O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. 6. PILLA RAJA, S/O. PEDAKAPU, AGED 33 YEARS, R/O. F.K. PALEM, KANDARADA, EAST GODAVARI DISTRICT. 7. MANSE GANGADHAR, S/O.MALLESWARARAO AGED 26 YEARS, OCC. AGRICLUTURE, R/O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. 8. PASUPULETI APPARAO, S/O.GANGA AGED 21 YEARS, R/ O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. 9. PASUPULETI VENKATESH, S/O. NOOKARAJU, AGED 33 YEARS, R/O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. 10. PILLA GURRAIAH @ PILLA RAJA, S/O. VEERA BHADRARAO AGED 35 YEARS, OCC. AGRICULTURE, R/O. F.K.PALEM, KANDARADA, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS STATION HOUSE OFFICER PITHAPURAM RURAL POLICE STATION, EAST GODAVARI DISTRICT 'THROUGH PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. KOPPADA PRAKASH RAO, S/O. PENTAYYA, AGED 51 YEARS, 2 OCC. FISH SEED DEVELOPMENT OFFICER APPOINTED AS RETURNING OFFICER TO KANDARADA PANCHAYAT, PITHAPURAM MANDAL, EAST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. V V SATISH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition under Section 482 of Cr.P.C has been filed, by the Petitioners/Accused Nos.9, 12 to 20, seeking to quash the proceedings against them in Crime No.50 of 2021 on the file of Pithapuram Rural Police Station, East Godavari District registered for the offences under Sections 120-B, 171-C read with 171-F, 188, 353, 427, 452 and 506 read with 34 IPC. 2. When the matter is taken up for hearing, Sri V.V.Satish, learned counsel for the Petitioners would submit that the names of the Petitioners were not mentioned in the original complaint, but they have roped in without any complaint against them. Learned counsel would further submit that Section 171-C IPC which is punishable under Section 171-F IPC deals with the offence of interfering with the free exercise of electoral right, whereas, in the instant case, the complaint is about an incident that occurred during counting of votes. Hence, Section 171-C read with 171-F IPC is not applicable to the Petitioners herein. Learned counsel would further submit that, Respondent No.2, is not entitled to lodge a complaint for the offence under Section 188 IPC, as he does not come under the purview of Sec.195 Cr.P.C. 3 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4. As can be seen from the record, the alleged incident occurred at the time of counting the ballot papers i.e., after completion of the election. As such, as rightly put by the learned counsel for the Petitioners, the offence under Section 171-C read with 171-F IPC does not attract against the Petitioners. Further, in view of the bar under Section 195 Cr.P.C., a case cannot be registered by the Police for the offence under Section 188 IPC and the same has to be filed by a public servant before the concerned Magistrate’s Court. However, the allegations made against the Petitioners with regard to commission of rest of the offences, are sufficient enough for the investigation to be taken up. 5. In that view of the matter, the Criminal Petition is disposed quashing the proceedings against the Petitioners/Accused Nos.9, 12 to 20 in Crime No.50 of 2021 on the file of Pithapuram Rural Police Station, East Godavari District with regard to the offences under Sections 171-C read with 171-F and 188 IPC. However, with regard to the offences under Sections 120-B, 353, 427, 452 and 506 read with 34 IPC, Police are directed to proceed with the investigation, conclude the same and file a report according to law, as expeditiously as possible. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:06.08.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1901 of 2021 Dt.06.08.2025 Dinesh