1 APHC010134272021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2122/2021 Between: 1. SRI .B.S PRABHAKAR, S/O LATE B.M.SHIVAPPA,AGED ABOUT 44 YEARS,RESIDING AT BENDIGANHALLI.VILLAGE AND POST ,SULIBELE HOBLI,HOSAKOE TALUK 2. SRI.B.S VENKATESHA MURTHY, S/O LATE B.M.SHIVAPPA,AGED ABOUT 54 YEARS,RESIDING AT BENDIGANHALLI VILLAGE AND POST,SULIBELE HOBLI,HOSAKOTE TALUK ...PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR,HIGH COURT OF AMARAVATHI 2. SRI THAMBALLA PARDHASARADHI, S/O SRI.SOMASHEKARAYYA AGED ABOUT 34 YEARS RESIDING AT HOUSE NO.LIG 49/8 LIG 49/8 .HYDERABAD CITY TELANGANA ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. V VENKATA MAYUR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of Code of Criminal Procedure, 19731 has been filed by the Petitioners/Accused Nos.5 and 6, seeking quashment of proceedings against them in C.C.No.2049 of 2020 on the file of the Court of II Additional Chief Metropolitan Magistrate, Visakhapatnam for the offences under 1 for short ‘Cr.P.C’ 2 Sections 419, 420, 471 and 120-B read with 34 of the Indian Penal Code, 18602 and Sections 18 and 19 of the Transplantation of Human Organs Act, 19953. 2. At the time of hearing, Sri V.Venkata Mayur, learned counsel for the Petitioners would submit that, this matter is squarely covered by the Order passed by this Court in Dr.Potnuru Pradeep vs. State of A.P and another in Crl.P.No.3358 of 2022, dated 29.11.2024, which was allowed in part quashing the proceedings against Accused No.4 in the present case for the offences under Sections 18 and 19 of THOA Act while ordering for continuation of proceedings against him for the offences under Sections 419, 420, 471 and 120-B read with 34 IPC. Learned counsel would further submit that the Petitioners herein are also on the same footing and the same relief may be extended to the Petitioners herein as well. For ready reference, relevant para of the said order is extracted hereunder: “10. So far as the offences under Sections 419, 420, 471 and 120-B read with 34 IPC are concerned, a bare perusal of the complaint as well as charge sheet would disclose that, by taking advantage of the innocence and financial crisis of Respondent No.2, Accused Nos.1 to 6 having conspired together, promised to pay Rs.12.00 lakhs to him, morphed the medical tests, committed illegal transplantation of kidney, and cheated Respondent No.2 by evading to pay the rest of the amount to him. The menace of illegal kidney transplantation is a devastating consequence of financial desperation of the vulnerable population. This is a global issue with various interconnected factors and actors. The complicity of each actor, if any, cannot be decided at a very preliminary stage by conducting a mini trial. Therefore, this Court is of the view that when there are allegations against the Petitioner/Accused No.4, veracity of the same are to be decided during trial and at this stage, as such, this Court is not inclined to quash the proceedings against the Petitioner/Accused No.4 for the offences under Sections 419, 420, 471 and 120-B read with 34 IPC by exercising the jurisdiction under Section 482 Cr.P.C. No opinion is made touching the merits of the case. 11. In view of the foregoing discussion, this Court is of the opinion that, it is a fit case to quash the proceedings against the Petitioner/Accused No.4 for the offence under Sections 18 and 19 of 2 for short ‘IPC’ 3 for short ‘TOHO Act’ 3 TOHO Act, however, it is desirable to continue the proceedings against the Petitioner for the offences under Sections 419, 420, 471 and 120-B read with 34 IPC. 12. In result, the Criminal Petition is partly allowed, quashing the proceedings against the Petitioner/Accused No.4 in C.C.No.2049 of 2020 on the file of the Court of II Additional Chief Metropolitan Magistrate, Visakhapatnam for the offences under Sections 18 and 19 of the Transplantation of Human Organs Act, 1995. The proceedings against Petitioner for the offences under Sections 419, 420, 471 and 120-B read with 34 IPC shall continue.” 3. Ms.K.Priyanka Lakshmi, learned Additional Public Prosecutor fairly conceded that it is a covered order. 4. Hence, in view of the Order passed by this Court in Crl.P.No.3358 of 2022, dated 29.11.2024, since the Petitioners are also on the same footing, this criminal petition is partly allowed quashing the proceedings against the Petitioners/Accused Nos.5 and 6 in C.C.No.2049 of 2020 on the file of the Court of II Additional Chief Metropolitan Magistrate, Visakhapatnam for the offences under Sections 18 and 19 of the Transplantation of Human Organs Act, 1995. The proceedings against Petitioners/Accused Nos.5 and 6 for the offences under Sections 419, 420, 471 and 120-B read with 34 IPC shall continue. Pending applications, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.07.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.2122 of 2021 Dt.29.07.2025 Dinesh