I APHC010305872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6274 nf Between: Lingala Ramalinga Reddy @ Velpula Ramu, (A1), S/o, Pedda Gangi Reddy, aged about 46 years, R/o. Velupula Village, Vemula Mandal, YSR Kadapa District. ...Petitioner/Accused AND The State of Andhra Pradesh, High Court of Andhra Pradesh, Amaravathi. represented by its Public Prosecutor, ...Respondent/Complainant Petition under Section 528 of BNSS (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 call for records i on the file of the Court of Judicial Magistrate of Class, Pulivendula, YSR Kadapa District and quash the in S.T.C.No.101 of 2024 1 same. lA NO: 2 OF 2n?.<^ Petition under Section 528 of BNSS (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, including the appearance of the petitioner in S.T.C.No. 101 of 2024 on the file of the Court of Judicial Magistrate of 1®' Class, Pulivendula, YSR Kadapa District, pending disposal of the Criminal Petition. Counsel for the Petitioner : Sri T Nagarjuna Reddy Counsel for the Respondent : Public Prosecutor The Court made the following order: APHC010305872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) if [3457] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6274/2025 Between: Ungala Ramalinga Reddy @ Velpula Ramu AND ...PETITIONER/ACCUSED The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.T NAGARJUNA REDDY Counsel for the Respondent/complainant; 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO. 6274 of 2025 ORDER: - 1. Heard learned counsel for petitioner and learned Assistant Public Prosecutor. 2. Learned counsel for petitioner submits that petitioner is arrayed as an accused in STC.No.101 of 2024 for the alleged offence under section 188 of the IPC and petitioner is annexed to have violated the model code and a complaint was filed by the Sub-Inspector of Police. After conducting investigation, he filed a charge sheet and the same was taken on file by the learned Judicial Magistrate of the First Class, Pulivendula as S.T.C.No.101 of 2024. Learned counsel for petitioner submits that section 195 of the Cr.P.C would impose a bar on taking cognizance of the offences under sections 172 to 188 of the IPC, except on a complaint in writing of the court or by such officer of the court as the court may authorize in writing in this behalf. 3. In the present case, the complaint was filed by the Sub-Inspector of police who could not have filed the complaint for the offence under section 188 IPC. 4. As against it. State filed a counter stating that section 188 of the IPC is a cognizable offence and therefore, police have registered the same as FIR. 5. Perused the record. The understanding of law by the deponent in the counter is not correct and section 195 Cr.P.C clearly mandates that no court shall take cognizance for the offences under sections 172 and 188 of the IPC except on a complaint in writing of that court or by such officer. 6. 7. In the above circumstances, this criminal petition is allowed. S.T.C.No.101 of 2024 on the file of learned Judicial Magistrate of the First Class, Pullivendula, YSR Kadapa District is hereby quashed. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending, if any, shall stand closed. Sd/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To The Judicial Magistrate of 1®* Class, Pulivendula, YSR Kadapa District. The Station House Officer, Vemula Police Station, YSR Kadapa District. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] One CC to Sri T Nagarjuna Reddy, Advocate [OPUC] Two CD Copies 1. 2. 3. 4. 5. TK AL ■] ' HIGH COURT DATED:07/07/2025 ORDER £i?». CRLP No.6274 of 2025 / M 19 *5^ Current Section ^ patcv^^ ALLOWING THE CRIMINAL PETITION