APHC010213252024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3343/2024 Between: 1. SABBITI VENKATA RATNAKAR, S/O SURYA CHANDRARAO, AGED 37 YEARS, CASTE-SC-MALA, D.NO. 6-88, 4TH STREET, GANAPATINAGAR, RAJAMAHENDRAVARAM ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS. PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. GUNJE BOBBAIAH, S/O VENKANNA, AGED 43, CASTE- VADDERA, D.NO. 7-142, VADDILAPET, VENKATESWARA SWAMY NAGAR, MALLAYYAPETA, RAJAMAHENDRAVARAM 3. KOMIRI BALARAJU, S/O SHIVAYYA, AGED 46, CASTE VADDERA, D.NO. 7-89, VADDILAPET, VENKATESWARA SWAMY NAGAR, MALLAYYAPETA, RAJAMAHENDRAVARAM 4. GUNJE SUBBARAJU, S/O VENKANNA, AGED 36 YEARS, CASTE VADDERA, RAJAMAHENDRAVARAM, NOW AT AMALAPURAM 5. VEMULA BUJJI, S/O KANAKAYYA, AGED 46, CASTE VADDERA, VENKATESWARA SWAMY NAGAR, MALLAYYAPETA, RAJAMAHENDRAVARAM ...RESPONDENT/COMPLAINANT(S): 2 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 Courtmay be pleased to grant a stay of ail further proceedings against the Petitioners/Accused in C.C. No. 3338 of 2020 pending before V Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District and pass IA NO: 1 OF 2024 Petition under Section 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 may be pleased may be pleased to grant a stay of all further proceedings against the Petitioners/Accused in C.C. No. 3338 of 2020 pending before V Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District and pass Counsel for the Petitioner/accused: 1. VENKATA SUBBAIAH POGULA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3343 OF 2024 ORDER : 1. The learned counsel for the petitioner submits that the petitioner is a contractor with Ananthapuram Municipality and a complaint was filed by the 2nd respondent alleging that wages to a tune of Rs.5,50,000/- was not paid by the petitioner. 2. The learned counsel for the petitioner submits that the petitioner had sub- contracted the work to the 2nd respondent, the 2nd respondent had engaged the labour. The contract was for the period from October, 2017 and during June, 2018 to October 2018. It is submitted that the bills of the petitioner got cleared by Ananthapuram Municipality and the payments should be made directly to the 2nd respondent. On account of non-payment of bills, the petitioner was roped in as accused. 3. This Court while admitting the criminal petition granted stay of all further proceedings on 07.05.2024. 4. Notice sent to the respondents 1 to 5 and they received notices and they are not evincing any interest in pursuing the matter and the 5th respondent has passed way during pendency of the case. Though the complaint was filed by the 2nd respondent and the respondents 3 to 5 are the listed witnesses and they are also made parties to the criminal petition. 5. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the material on record. 4 6. A contractual obligation of the petitioner cannot be subject of offence under Section 420 of IPC. That apart, neither the agreement between the petitioner and the 2nd respondent nor arrangement with the municipality is relied upon by the 2nd respondent. The police also have not ascertained from the officers of Ananthapuram Municipality to ascertain whether the petitioner or the 2nd respondent ever executed any works with the Ananthapuram municipality and all the witnesses examined belongs to the East Godavari District. 7. Considering the submissions, the criminal petition is allowed and CC.3338 of 2020 on the file of V Additional Junior Civil Judge – Cum – Judicial First Class Magistrate, Rajamahendravaram is hereby quashed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 5 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3343 OF 2024 Dated 11.07.2025 KGM