APHC010148172023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 2878 of 2023 Between: 1. SRI PAKALAPATI ANANDA VARMA, AGE 29 YEARS, S/O.VENKATA RAMA RAJU, OCCUPATION. POLICE CONSTABLE 1258, R/O.FLAT NO.105, FIRST FLOOR, V.V.KRISHNA RAMA RESIDENCY, NEAR PENDURTHI POLICE STATION, PENDURTHI, VISAKHAPATNAM, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY SPL PP ACB, THROUGH DEPUTY SUPERINTENDENT OF POLICE, ACB, HIGH COURT OF AP. 2. SRI DULIPUDI SUBBA RAO, AGE 44 YEARS, S/O.VENKATA NARAYANA, OCCUPATION. BUSINESS MAN, R/O.PLOT NO.503, MONDATI STREET, SRIKAKULAM TOWN, ANDHRA PRADESH ...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 Charge Sheet and the entire proceedings in C.C.No.20 of 2021 dated 28-04-2021 charged U/s.7 and 15 of Prevention of Corruption Act, 1988, pending before the Hon'ble III Additional District and Sessions Judge cum Special Judge for ACB Cases Visakhapatnam and grant Counsel for the Petitioner/accused: 1. BALA MURALI KRISHNA P Counsel for the Respondent/complainant(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 2 The Court made the following: ORDER: The instant Criminal Petition is filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (For short „Cr.P.C.‟) for the following relief: “.... to quash the Charge Sheet and the entire proceedings in C.C.No.20 of 2021 dated 28-04-2021 charged U/s.7 and 15 of Prevention of Corruption Act, 1988, pending before the Hon'ble III Additional District and Sessions Judge cum Special Judge for ACB Cases Visakhapatnam and grant ....” Heard learned counsel for the Petitioner, learned Special Public Prosecutor for ACB and learned Assistant Public Prosecutor for respondent/State. Perused the material on record. Learned counsel for the Petitioner would submit that the Accused Officer is a Police Constable and that his duties are very limited and that the charge sheet was filed after lapse of four years and one month from the date of registration of the crime. Further, there is no incriminating evidence against the Petitioner/Accused Officer and that continuation of the criminal proceedings against him is an abuse of process of law and prays for quashment of the proceedings against the Petitioner. On the other hand, learned Special Public Prosecutor for ACB appearing for respondent State would submit that there are specific allegations against the Petitioner/Accused and the truth or otherwise of the said allegations has to be revealed during investigation. At this stage, the proceedings against the Petitioner/Accused cannot be quashed. 3 A bare perusal of the contents of the charge sheet and the material placed on record would clearly go to show that it is a case of demand of bribe by the Petitioner/Accused.The allegations raised against the Petitioner involve disputed factual aspects, which cannot be decided while exercising the jurisdiction under Section 482 Cr.P.C. The truth or otherwise of the said allegations have to revealed during trial. Further, a fair look at the allegations would disclose that the ingredients of the provisions of the offences lodged against the Petitioner are the questions of fact which will be decided by the Trial Court during trial. This Court cannot conduct a mini trial while deciding a petition filed under Section 482 Cr.P.C. There are no merits in the contentions raised by the Petitioner to quash the proceedings against him and hence, the Criminal Petition deserves dismissal. Without causing prejudice to the rights and contentions of the parties, this Criminal Petition is disposed of. Petitioner is at liberty to raise such contentions before the Trial Court and the Learned Trial Judge shall appreciate such contentions of the Petitioner at his defence and pass appropriate orders according to law. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 2878 of 2023 12.08.2025 Mjl /*