1 APHC010140632021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2277/2021 Between: 1. SAN NAPUREDDY SURESH REDDY,, S/O. LATE DASARADHA RAMI REDDY, AGED 58 YEARS, R/O. H.NO.1-42-2, CHINNA CHERUKUR VILLAGE, T.P. GUDURU MANDAL, PRESENT RESIDING AT INDIRADHAMRNA APARTMENT, GOWMATHI NAGAR, NELLORE TOWN, SPSR NELLORE DISTRICT. 2. PUTTETI SURENDRA REDDY,, S/O. ADI SESHA REDDY,' AGED 56 YEARS, R/O. H.NO.27-2-1267, MAIN ROAD, BALAJI NAGAR, NELLORE TOWN, SPSR NELLORE DISTRICT. 3. MIDATHALA RAMESH,, S/O. NAGESWARA AGED 57 YEARS, R/O. H.NO.20-317, MULAPET, NELLORE TOWN, SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF AP, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AT AMARAVATHI 2. V KOTESWARA RAO, S/O. NOT KNOWN TO THE PETITIONERS, AGED MAJOR, OCC. SUPERINTENDING ENGINEER, IRRIGATION CIRCLE OFFICE, RAMALINGAPURAM, 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 2 Criminal Petition, the High Court pleased to Quash the Charge Sheet in CC.No.178 of 2020 on the file of V Addl. Judicial Magistrate, Nellore, SPSR Nellore District, against the Petitioners/Accused 1 to 3, and pass IA NO: 1 OF 2021 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 stay of all further proceedings in CC.No.178 of 2020 on the file of V Addl. Judicial Magistrate, Nellore, SPSR Nellore District, against the Petitioners/Accused 1 to 3, and pass Counsel for the Petitioner/accused(S): 1. T LAKSHMI NARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2277/2021 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos.1 to 3, seeking quashment of the proceedings pending against them in C.C.No.178 of 2020 on the file of V Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District for offences punishable under Sections 143, 448, 353 r/w 34 of IPC. 2. Heard Sri T.Lakshminarayana, learned counsel for the Petitioners/Accused Nos. 1 to 3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petitioners herein are accused Nos. 1 to 3 and are farmers. The allegations leveled against the petitioners are that they committed a ‘dharna’ demanding the release of water to the Pennar Delta Ayacut and Kavali Canal in front of the PWD/Irrigation Office, and obstructed public servants from executing their duty. Even assuming that the alleged ‘dharna’ in front of the PWD/Irrigation Office, Nellore, constitutes an offence under Section 143 of the IPC as an unlawful assembly, the requisite minimum number of persons is five. However, the accused herein are only three in number. Learned counsel finally submits that there are no ingredients to attract the offences punishable 4 under Sections 143, 448, and 353 read with Section 34 of the IPC in the present case. 4. Learned Assistant Public Prosecutor on behalf of the State fairly conceded about the application of the Section 143 of IPC to the present case, since the number of accused in the present case are only three. Learned Assistant Public Prosecutor vehemently opposed the petition with regard to the Sections 448, 353 r/w 34 of IPC, since there are specific allegations against the petitioners. 5. Considering the submissions made and a fair look at the material placed on record, the Criminal Petition is partly allowed relating to the Section 143 of IPC against the petitioners in C.C.No.178 of 2020 on the file of V Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District. However, the petitioners are at liberty to raise all their contentions before the Trial Court. The learned Trial Judge may appreciate them and dispose of the matter as expeditiously as possible regarding the other offences against the petitioners. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2277/2021 Dated.23.07.2025 UPS 133