IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3142 OF 2024 Between: Lasa Ventakeswara Rao, S/o Suryanarayana, Aged about 24 years, R/o S.Rangarayapuram (v), Santhakavitimandal, Srikakulam District, Andhra Pradesh ...PETITIONER / ACCUSED No.5 AND 1. The State of A.P., rep by its Public Prosecutor, High Court of A.PAmaravati. 2. The SHO, Santhakaviti Police Station, Srikakulam District Pradesh. Andhra 3. Potnuru Padma, W/o Late Gowreswararao, aged about 29 years, R/o S.Rangrayapuram village, santhakaviti mandal, SrikakulamDistrict , Andhra Pradesh. ...RESPONDENTS / COMPLAINANTS 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 proceedings against the petitioner in C.C No.498 of 2021 on the file of the Honorable Judicial Magistrate of First class at Rajam, Srikakulam District U/s. 448, 323,509,506 R/w 34 IRC I.A. NO: 2 OF 2024 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 further proceedings against Accused No.5 in CC No. 498 of 2021 on the file of the Honorable Judicial Magistrate of First class at Rajam, Srikakulam District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T D Pani Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 The Court made the following: i APHC010189112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 0:i?:S WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3142/2024 Between: Lasa Ventakeswara Rao ...PETITIONER/ACCUSED AND The State Of A P and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.T D PANI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 The Court made the following Order: The learned counsel for the petitioner submits that the petitioner arrayed as Accused No.5 in C.C.No.498 of 2021 on the file of the Judicial Magistrate of First Class at Rajam, Srikakulam District for the alleged offences under Sections 448, 323, 509, 506 r/w.34 of Indian Penal Code, 1860. The learned counsel for the petitioner submits that the 3'"^ respondent has filed a false complaint alleging various offences against the petitioner and by implicating the petitioner along with other accused. It is submitted that the petitioner is working as Ward Secretary and Environment Secretary at Aurangabad Sachivalayam in the Kovvuru Municipality and attended duties from 01.05.2021 to 31.05.2021. The learned counsel for the petitioner submits that an endorsement was issued by the competent authority and has also filed the copies of the attendance register from the municipality which is certified by the Ward Administrative Secretary to substantiate his ground that the petitioner was on duty during the alleged date of incident. The learned counsel for the petitioner further submits that there is no specific overt act against the petitioner and on 12.05.2021, the petitioner was on duty at Kovvuru, West Godavari District and the alleged incident took place at S.Rangarapuram in Srikakulam District. It is submitted that it would be highly impossible to the human being to simultaneously present in Srikakulam and West Godavari Districts at the same time and commit offences. was 2. 3 3. On 02.05.2024, when the matter was taken up for admission, notice was ordered to the 3^'^ respondent and proof of service was also filed. But there is no representation on behalf of the 3’’^ respondent. The learned Assistant Public Prosecutor submits that the 4. allegations will have to be tried before the trial Court for ascertaining the facts. It is also submitted that the matter may be delegated to the trial Court for adjudicating on merits. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 6. Perused the record. The FIR was registered on 14.05.2021 for the alleged offences which took place on 12.05.2021. The Station House Cfficer, Santhakaviti Police Station, Srikakulam District has registered the FIR at 04.30 PM and the same day had recorded statements of witnesses and filed the charge sheet. 7. on L.W.4 in his statement refers to grudges between the petitioner and the 3"'^ respondent on account of local body elections. The other witnesses have given statements exactly as stated by L.W.I. When the petitioner was charged for various offences in the case, atleast one of the witnesses ought to have spoken out the involvement of the petitioner in committing any of the acts. Cn perusal of the charge sheet and statements of the witnesses none of the witnesses assign specific role of the petitioner in committing the alleged offences. 8. 9. 4 % rd respondent, there is no Though notice was sent to the 3 behalf. This Court has to deem it that the 3 10. rd representation on her respondent has no interest in pursuing this matter before this Court, circumstances, C.C.No.498 of 2021 on the file of the 11. On these Judicial Magistrate of First Class, Rajam, is hereby quashed. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand 12. 13. Sd/- K. TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Honorable Judicial Magistrate of First class at Rajam, Srikakulam District. 2. The Station House Officer, Santhakaviti Police Station, Srikakulam District. 3. One CC to Sri T. D. Pani Kumar, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor of High Court of Andhra Pradesh [OUT] 5. Three CD Copies MV Cnr HIGH COURT MV DATED: 18/06/2025 ORDER CRLP.No.3142 of 2024 ALLOWING THE CRIMINAL PETITION