APHC010124192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI bT: TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2692 OF 2025 Between: Madaparambu Rajan, S/o. Madhavan, aged about 61 years, Occ: Government Employee, R/o. 25-2-1116, Police Colony, Near Velamasangam Function Hall, A.K.Nagar, Nellore. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Station House Officer, Dargamitta Police Station, Sri Potti Sriramulu Nellore District, Prosecutor, High Court of Andhra [COMPLAINANT] 2. Chebrolu Sreedevi, W/o. late Bodduluri Ramakrishna, aged about 41 years, R/o. Street, Pragathi Nagar, Nellore City, SPSR Nellore District. [DE-FACTO COMPLAINANT] through its Public Pradesh at Amaravati. ...RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the CC No.741/2023 on the file of the court of Hon’ble V Additional Judicial Magistrate of First Class, Nellore against the petitioner herein. lA No: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all proceedings against the petitioner herein in connection with CC.No.741/2023 on the file of the court of Hon’ble V Additional Judicial Magistrate of First Class, Nellore, including his appearance. Counsel for the Petitioner: SRI PONNADA SREE WAS Counsel for the Respondent No.1: PUBLIC PROSECUTOR The Court made the following order: I APHC010124192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2692/2025 [3457] rjlT: Between: 1.MADAPARAMBU RAJAN, S/0 MADHAVAN, AGED ABOUT 61 YEARS, OCC. GOVERNMENT . EMPLOYEE, R/0 25-2-1116, POLICE COLONY. NEAR VELAMASANGAM FUNCTION HALL, A.K.NAGAR, NELLORE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER, DARGAMITTA POLICE STATION, SRI POTTI SRIRAMULU NELLORE DISTRICT, HIGH THROUGH ITS PUBLIC PROSECUTOR, COURT OF ANDHRA PRADESH AT AMARAVATI.. 2.CHEBROLU SREEDEVI, W/0 LATE BODDULURI RAMAKRISHNA, AGED ABOUT 41 YEARS, R/0.7TH STREET, PRAGATHI NAGAR, NELLORE CITY, SPSR NELLORE 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 Courtpleased to quash the CC No.741/2023 on the file of the court of Honble V Additional Judicial Magistrate of First Class, Nellore against the petitioner herein and pass lA 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 pleased to stay all proceedings against the petitioner 2 HN, J Crl.P.No.2692 of 2025 herein in connection with CC No.741/2023 on the file of the court of Honble V Additional Judicial Magistrate of First Class, Nellore, including his appearance and pass Counsel for the Petitioner/accused: 1.PONNADASREE WAS Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 3 HN,J Crl.P.No.2692 of 2025 f ORDER: Heard learned Senior Counsel appearing for the petitioner and the learned Assistant Public Prosecutor appearing for the 1st respondent-State. 2. Learned Senior counsel for the petitioner submits that the petitioner is arraigned as an accused in C.C.No.741 of 2023 on the file of the learned V Additional Judicial Magistrate of First Glass, Nellore, for the alleged offence under Section 354A(ii) of the Indian Penal Code (IPC). 3. Learned Senior Counsel submits that, even as per the complaint and the statements recorded by the police during the investigation, the allegations under Section 354A(ii) of the IPC are not attracted. It is submitted that the petitioner and the 2nd respondent are colleagues working in the same office and that the petitioner had merely expressed his intention to marry the 2nd respondent. As per the contents of the complaint, the 2nd respondent 4. alleged that the petitioner expressed his intention to marry her and made phone calls to that effect, which disturbed her. It is also stated that the 2nd respondent was aware that the petitioner is a 4 HN, J Crl.P.No.2692 of 2025 divorcee and that he allegedly stated that if she did not accept his proposal, he would know how to "bring her to terms." The 2nd respondent brought this to the attention of her superior officers, who did not act on her request, prompting her to file the present complaint. The short point for consideration is whether the provisions 5. of the alleged offence are applicable to the facts and circumstances of the case? 6. Personal notice was sent to the 2nd respondent and was received by her on 21.03.2025. However, today there is no representation on her behalf. Therefore, the matter is being disposed of on merits. 7. The learned Assistant Public Prosecutor appearing for the 1st respondent-State submits that a charge sheet has been filed after recording the statements of seven witnesses. It is further submitted that there is a specific allegation in the charge sheet that the petitioner harassed LW1 and demanded that she fulfil his sexual desire. The learned Assistant Public Prosecutor contends that these are matters for trial, where the witnesses examined during the investigation can depose, and their statements may be tested through cross-examination. 5 HN,J Crl.P.No.2692 of 2025 8. This Court has perused the material on record, including the complaint and statements of the listed witnesses. The complaint merely indicates that the petitioner expressed his desire to marry the 2nd respondent and made phone calls in this regard. The allegation that the petitioner stated he would "bring her to terms" does not, by itself, satisfy the essential ingredients of Section 354A(ii) of the IPC. 9. 10. Section 354A of the IPC reads as follows: “354A. Sexual harassment and punishment for sexual harassment.— (1) A man committing any of the following acts— (I) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (Hi) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2) Any man who commits the offence specified in clause (I) or clause (ii) or clause (Hi) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. ” 6 HN,J Crl.P.No.2692 of 2025 Witnesses LW2 to LW7 are all colleagues of LW1 and merely reiterate her statement. It is not in dispute that the petitioner extended financial assistance to the 2nd respondent during the COVID-19 pandemic, which has also been admitted by her in her statement to the police. 11. Considering the statements of all the witnesses and the complaint filed, the allegations under Section 354A(ii) of the IPC cannot be sustained against the petitioner. 12. Accordingly, this Court deems it appropriate to exercise its inherent powers under Section 482 of the Cr.P.C. and hereby quashes C.C.No.741 of 2023 on the file of the learned V Additional Judicial Magistrate of First Class, Nellore. 13. 14. Accordingly, this Criminal Petition is allowed. Pending miscellaneous petitions, if any,^hall stand closed. ACHARI assistant registrar //TRUE COPY// SEC■^I^^FICER To, 1. The V Additional Judicial Magistrate 2. The Station House ' Sriramulu Nellore District. 3. One CC to Sri Ponnada Sree 4. Two CCs to the Public Amaravathi [OUT] 5. Two CD Copies. of First Class, Nellore. Officer, Dargamitta Police Station, Sri Potti Was, Advocate [OPUC] Prosecutor, High Court of Andhra Pradesh at Stu tac HIGH COURT DATED:01/07/2025 ORDER CRLP No.2692 OF 2025 ^ 5UUL 2025 ^ . Current Section X ALLOWING THE CRIMINAL PETITION