APHC010217382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4587 OF 202^ Between: 1. Varanasi Kameswari, W/o Varanasi Ramesh Aged about 52 years, R/o D. No 49-23-18/3, Subhramanyam Enclave, Lalitha Nagar, Visakhapatnam(urban), Visakhapatnam. 2. Varanasi Ramesh,, S/o Varanasi Krishna Murthy, Aged about 60 years, Occ R/o D. No 49-23-18/3, Subhramanyam Enclave Sankaramatam, Visakhapatnam(urban), Visakhapatnam. 3. Varanasi Ritik Kumar, , S/o Varanasi Ramesh, Aged about 31 years, Occ R/o D. No 49-23-18/3, Subhramanyam Enclave, Lalitha Nagar Sankaramatam Visakhapatnam,(urban) Visakhapatnam. Sankaramatam, Lalitha Nagar, ...PETITIONER/ACCUSED No.1 to 3 AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor Andhra Pradesh, Rep by Kotabommali Poilice Station Srikakulam High Court of District. ...RESPONDENT No.1 2. Jammi Eswaramma, , W/o Bhupati Ravi Kumar the then Tahsildar, R/o Tahsildar Office, Kotabommali Mandal Aged about 60 years, Occ ...RESPONDENT/ No.2/DEFACTO COMPLAIANANT Petition under Section 482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the * ' '< 2023 on the file of the Court of the Judicial Kotabommali against the Petitioners and quash the lA NO: 2 OF 2025 praying that in proceedings in C.C.No. 84 of Magistrate of First Class, same. 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 High Court may be pleased to stay all further 2023 on the file ,the proceedings in C.C.No. 84 of of the Court of the Judicial Magistrate of First Class, Kotabommali, including the appearance of the Petitioners/Accused Counsel for the Petitioners Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following ORDER : : SRI PAPUDIPPU SASHIDAR REDDY APHC010217382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4587/2025 Between: 1.VARANASI KAMESWARI, W/0 VARANASI RAMESH AGED ABOUT 52 YEARS, R/0 D. NO 49-23-18/3, SUBHRAMANYAM ENCLAVE, LALITHA NAGAR, SANKARAMATAM, VISAKHAPATNAM(URBAN), VISAKHAPATNAM. 2.VARANASI RAMESH,, S/0 VARANASI KRISHNA MURTHY, AGED ABOUT 60 YEARS, OCC R/0 D. NO 49-23-18/3, SUBHRAMANYAM ENCLAVE VISAKHAPATNAM(URBAN), VISAKHAPATNAM. 3.VARANASI RITIK KUMAR, , S/0 VARANASI RAMESH, AGED ABOUT 31 YEARS, OCC R/0 D. NO 49-23-18/3, SUBHRAMANYAM ENCLAVE, LALITHA NAGAR, SANKARAMATAM, VISAKHAPATNAM(URBAN) VISAKHAPATNAM. LALITHA NAGAR SANKARAMATAM, ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, REP BY KOTABOMMALI POILICE STATION SRIKAKULAM DISTRICT. 2.JAMMI ESWARAMMA, , W/0 BHUPATI RAVI KUMAR, AGED ABOUT 60 YEARS, OCC THE THEN TAHSILDAR, R/0 TAHSILDAR OFFICE, KOTABOMMALI MANDAL ...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 call for the proceedings in C.C.No. 84 of 2023 on the file of the Court of the Judicial Magistrate of First Class, Kotabommali against the Petitioners and quash the same and pass such lA NO: 1 OF 2025 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 dispense with filing of the certified copy of Charge Sheet in CC.No. 84 of 2023 on the file of the Court of the Judicial Magistrate of First Class, Kotabommali and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case lA NO: 2 OF 2025 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 stay all further proceedings in C.C.No. 84 of 2023 on the file of the Court of the Judicial Magistrate of First Class, Kotabommali, including the appearance of the Petitioners/Accused and grant such Counsel for the Petitioner/accused(S): 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent/complainant{S): 1.PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4587 of 2025 ORDER:- The petitioners are arraigned as accused Nos.1 to 3 in C.C.No.84 of 2023 on the file of Judicial Magistrate of First Class, Kotabommali for the alleged offences under Sections 186 and 509 of I.P.C. Initially a complaint was lodged by the second respondent and the police have registered FIR for the alleged offences under Sections 353 and 509 of I.P.C. Later the provision of law was altered from Section 353 of I.P.C. to Section 186 of I.P.C. Heard the learned counsel for the petitioners and the learned Assistant 2. Public Prosecutor appearing for the respondents. The learned counsel for the petitioners submits that there is a bar under 3. Section 195 of Cr.P.C., insofar taking cognizance under Section 186 of I.P.C. concerned. It is further submitted that the allegations would also not attract the provisions of Section 509 of I.P.C. 4. Perused the record. It appears from the complaint that the petitioners have confronted the second respondent and demanded to supply of copy of injunction order which was obtained by the brother of first petitioner against the petitioners. The police have completed the investigation and filed charge sheet. The investigating officer has held that the accused are punishable for the offences under Sections 186 and 509 r/w 34 of I.P.C. and it is also noted in the charge sheet that there appears to have been some verbal altercation 4 between the petitioners and the second respondent and that the petitioners have threatened the second respondent to file a case against her and publish in newspaper and insulted her. Reference to collecting money and payment of money by the petitioners is also made in the charge sheet. That aspect is not investigated by the police. Be that as it may, considering the bar under Section 195 of Cr.P.C. and considering the charge sheet, vague references of demanding the second respondent in not a proper way cannot be considered as an offence under Section 509 of I.P.C. 5. Accordingly, this Criminal Petition is allowed, and C.C.No.84 of 2023 the file of Judicial Magistrate of First Class, Kotabommali, is hereby quashed. on As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- M.SRINIVAS ASSISTANT REGISTRAR : //TRUE COPY// c: SECTION OFFICER To. 1. The Judicial Magistrate of First Class, Kotabommali. 2. The SHO Kotabommali Police Station Srikakulam District. 3. One CC to SRI. PAPUDIPPU SASHIDAR REDDY Advocate [OPUC] 4. Two CCs to the Public Prosecutor High Court of Andhra Amaravathi [OUT] 5. Three CD Copies Pradesh at SD TAC HIGH COURT DATED:02/07/2025 ORDER CRLP NO. 4587 OF 2025 >ZO 9^0 iB 15 JUL 2025 g| . Current Section **r ALLOWING THE CRIMINAL PETITION