IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE s p or 6 o oo PRESENT THE HONOURABLE D.SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3216 OF 2022 Between: M.V.S.S.Prakasa Rao, S/o.Late Sri Veeranna, Hindu, aged 53 years Occ; Asst. Public Prosecutor, R/o.D.No.7-8-5, Swathi Towers Vari Street, Ramarao Peta, Kakinada - 533 004. Velamuri ...PETITIONER/ACCUSED AND 1. The Stale of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P. at Amaravathi, through its SDPO Kakinada. 2. A.B.Appa Rao, S/o.Sri Appanna, R/o.Flat Atchyuthapuram Railway Gate Road, Kakinada - 533 004. ...RESPONDENTS/DEFACTO COMPLAINANT Kakinada Sub Division No. 103, Siri Apartments Petition filed under Section 482 of Cr.P.C praying that in the Petition, records relating to SCST SC on the file of the Court of the Special Judge for Trial of Cases Under SCs and STs (POA) Act Rajamahendravaram and quash the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to call for the No.142 of 2020 - Cum - X Additional District Judge, same. I.A. NO: 1 OF 2027 Petition filed under Section 482 of Cr.P.C praying that in the ! stated in the Memorandum of Criminal Petition, the High ^ court may be pleased to grant stay all further proceedings in SCST SC No. 142 of 2020 on the file of the Court of the Special Judge for Trial of Cases Under SCs & STs (POA) Act-Cum-X Additional District Judge Rajamahendravaram, pending disposal of the present criminal petition. This Petition coming on for hearing of Grounds of Criminal Petition and Siva Reddy, Advocate for the Petitioner upon perusing the Memorandum upon hearing the arguments of Sri N and Smt K.Priyanka Lakshmi, the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri Sri Venkateswara Rao Gudapati, Advocate for Respondent No.2 The Court made the following ORDER : f APHC010208072022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3216/2022 Between: M V S S Prakasa Rao, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.N SIVA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.VENKATESWARA RAO GUDAPATI The Court made the following: 2 A ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the petitioner/accused, seeking quashment of the proceedings against him in S.C.No.142 of 2020 on the file of the Court of Special Judge for Trial of Cases under Scs & STs (PoA) Act-cum- X Additional District Judge, Rajamahendravaram. Heard Sri N.Siva Reddy, learned counsel for the petitioner and 2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the petitioner has nothing to do with the present case, and that this case has been lodged under a misconception. Learned counsel would further submit that the petitioner never abused respondent No. 2 regarding caste, which would attract Section 3(1 )(r)(u) of the SC & ST (PoA) Act, 2015. Learned counsel would submit that respondent No. 2, based on assumptions and presumptions, lodged the present case without any substance. Learned counsel would submit that continuing the criminal proceedings against the petitioner is a mere abuse of the process of law. 4. Learned counsel for respondent No. 2 fairly conceded that there was no occasion for the petitioner to abuse respondent No. 2 regarding caste, as rightly put by the learned counsel for the petitioner. This case has been lodged only under a misconception. Learned counsel would finally submit that the 3 j* court may pass an appropriate order, as no offence has been made out against the petitioner under Section 3(1 )(r)(u) of the SC & ST (PoA) Act, 2015. 5. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders. 6. Considering the submissions made and on perusal of the material on record, the petitioner as well as the respondent No.2, they were working as Assistant Public Prosecutors in the same division. The case appears to have been lodged due to a misunderstanding during a meeting. In that view, continuing the criminal proceedings against the petitioner is mere abuse of process of law. 7. In the result, this Criminal Petition is allowed, quashing the criminal proceedings against the petitioner in S.C.No.142 of 2020, on the file of the Court of Special Judge for Trial of Cases under Scs & STs (PoA) Act-cum-X Additional District Judge, Rajamahendravaram. As a sequel thereto, miscellaneous petitions pending, if any, shall stand Wl.PRABHAKAR RAO assistant registrar SD/- closed. //true copy// SECTION OFFICER To SCS & STs (POA) Act- East Godavari Trial of Cases under District Judge, Rajamahendravaram 1. The Special Judge for Cum-X Additional L District. * 2. The Sub Divisional Police Officer, Kakinada Sub Division, Kakinada, East Godavari District. 3. One CC to Sri N Siva Reddy Advocate [OPUC] 4. One CC to Sri Venkateswara Rao Gudapati Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Three CD Copies BSV TAC HIGH COURT DATED:24/01/2025 ORDER CRLP.No.3216 of 2022 I 0 * MAR 2025 ^ ^ Current Section . ^ ALLOWING THE CRIMINAL PETITION