1 CRL.P. No.4142 of 2025 APHC010193452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4142/2025 Between: GundlapalliBharath Kumar, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. THANJAVURU VENKATA SUMAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRL.P. No.4142 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4142 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as accused in C.C.No.502 of 2019 on the file of the Court of the Additional Judicial First Class Magistrate, Kavali, for the alleged offence under sections 171E and 188 of the Indian Penal Code, 1860. 3. The learned counsel further submits that the 2nd respondent gave a report alleging that on 28.03.2019 at 22.00 hours,a flying squad team of Kavali police station staff checked vehicles at the check post. During the vehicle check, the police found 48 flags of a political party in a car coming from Udayagiri, which had no permission to carry the flags. It is further submitted that the car belongs to the petitioner and that he is the candidate contesting in the assembly elections. On the strength of the complaint, the police have registered a case in Crime No.47 of 2019, investigated and filed a charge sheet before the learned Magistrate. The charge sheet was taken on file by the learned Magistrate and issued summons to the accused. The learned counsel submits that the trial has not commenced. 3 CRL.P. No.4142 of 2025 4. It is further submitted that the provisions of Section 171(E) and 188 of the IPC do not apply to the facts of this case as there exists a statutory embargo under Section 195 of the CrPC, which restricts the initiation of prosecution except through a complaint by the appropriate authority. 5. For better appreciation, the penal provision of Sections 171(E) and Section 188 of the IPC is extracted hereinder: 171(E): Punishment for bribery: 1. Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; Provided that bribery by treating shall be punished with fine only. 188: Disobedience to order duly promulgated by public servant.— 1. Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation:- It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the 4 CRL.P. No.4142 of 2025 order which he disobeys, and that his disobedience produces, or is likely to produce, harm. 6. Admittedly, as seen from the record, none of the provisions of law apply to the petitioner, and hence, continuation of criminal proceedings with these facts on record would serve no purpose, and the petitioner need not undergo the procedure of trial, which is unwarranted. 7. On these grounds, the proceedings in C.C. No.502 of 2019 pending on the file of the Court of the Additional Judicial First Class Magistrate, Kavali, against the petitioners are hereby quashed, and accordingly, the criminal petition is allowed. 8. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.22.04.2025 BV