IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 2608 OF 2021 Between: Tadi Yesubabu, S/o Venkata Subbarao. Aged about 52 years, Occ. School, Akula District, Andhra Panchayat Secretary R/o 1-97, Moripodu, Near Riverside vari Meraka, Sakhinetipalli, Sankaraguptam, East Godavari Pradesh-53325 ...Petitioner/Accused No. 1 AND The State of Andhra Pradesh, Represented by S.H.O. Malkipuram P.S, East Godavari District, Rep. Through the Public Prosecutor, State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to Quash Petition, the FIR.No.112/2021 dated 14.04.2021 registered/ lodged on the file of Malkipuram P.S, East Godavari District, Andhra Pradesh in the interest of equity and justice while exercising its inherent jurisdiction under section 482 of Cr.P.C. I.A. NO: 2 OF 2021 Petition under Section 482 of Cr.P.C., circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further including stay of arrest of the Petitions- herein in FIR.No.112/2021 dated 14.04.2021 registered/ lodged on the file of Malkipuram P.S. East Godavari District, Andhra Pradesh, pending disposal of the above Criminal Petition. praying that in the proceedings. This Petition coming on for hearing Memorandum of Grounds of Criminal Petition and upon perusing the upon hearing the arguments of Sri N Ashwani Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following: 1 APHC010159072021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3333] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 2608/2021 Between: Tadi Yesubabu ...PETITIONER/ACCUSED AND The State of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.N ASHWANI KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: This criminal petition is filed under Section 482 of Criminal Procedure Code (for short Cr.P.C.”) to quash the proceedings against the petitioner/accused No.1 in F.I.R.No.112 of 2021, dated 14.04.2021 on the file of Malkipuram Police Station, East Godavari District registered for the offences punishable under Sections 3 and 4 of Andhra Pradesh Gaming Act, 1974. The case of the prosecution is that on 13.04.2021, the Sub-Inspector of Police, Malkipuram Police Station conducted a raid on the residential premises/house bearing D.No.1-270 pursuant to prior written search proceedings of SDPO, Amalapuram vide C.No.51/Gen/SDPO-A/2021 dated 13.04.2021. In this connection, the Sub Inspector of Police secured the presence of mediators and made a surprise search in the above Gaming House, and found ten persons playing gambling on Ugadi Festival day with 52 playing cards and a betting amount of Rs.40,600/-. The loss-and-gain game was being played. The respondent arrested ten persons and seized a total amount of Rs.97,900/- under the cover of Mediator’s report. Basing on the said recovery, the respondent herein registered FIR No.112/2021, dated 14.04.2021 for the offences punishable under Sections 3 and 4 of A.P. Gaming Act, 1974. 2. The present criminal petition has been filed by accused No.1 stating that he was falsely implicated in the present crime and he has no connection with the alleged crime. The petitioner herein is working as Panchayat 3. 3 Secretary and this case is an attempt to tarnish his reputation. In fact, the petitioner herein was not even present at the alleged scene of offence, and his name has been included in the FIR without any basis. Apart from the mere recovery allegedly made by the respondent, there is no material avaiJable with the respondent to connect the petitioner to this crime. On 27.04.2021, this Court passed the following interim order; 4. “...../As this is a matter which wouid require further consideration, investigation may go on. However, there shaii be no coercive steps taken against the petitioner inciuding arrest in Crime No. 112 of 2021 in Maikipuram Poiice Station, East Godavari District. ” Today, when the matter came up for hearing, learned Assistant Public 5. Prosecutor stated that the investigation is still pending and the charge sheet is yet to be filed. As the matter is pertains to the year 2021, and in view of the fact that 6. there is no stay of investigation, instead of keeping the present case pending. this Court deems it appropriate to dispose of the criminal petition by directing the respondent-Police to complete the investigation in the present crime, as directed by this Court on 27.04.2021, and file a charge sheet before the appropriate Court having jurisdiction. The said process shall be completed within a period of three (3) months from the date of receipt of a copy of this order. Till such time, the respondent police are directed not to take any coercive steps as against the petitioner/accused 4 7. With the above direction, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, in this petition, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// 5^ SECTION OFFICER To, 1. The Station House Officer, Malkipuram Police Station, East Godavari One CC to Sri N. Ashwani Kumar, Advocate [OPUC] Two CCs to the Public Prosecutor, High Court Andhra Pradesh Amaravati [OUT] Three CD Copies 2. 3. 4. SD sree HIGH COURT DATED:28/01/2025 ORDER CRLP.No.2608 of 2021 W , ^ g 2IMAR20B n ^ . Current section ."y DISPOSING THE CRIMINAL PETITION