1 APHC010370392020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5990/2020 Between: 1. MADIRA MALLESH BABU, S/O KRISHNA MURTHY, R/O. D.NO.16- 28-15, OLD GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1. NAMBURI YESUDASU, S/O DANIEL, AGE 37 YEARS, OCC PASTOR, R/O D.NO.332/2, 1/3 VENGALARAO NAGAR, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT, AT AMARAVATHI ...RESPONDENT/COMPLAINANT(S): 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 Court to quash the proceedings against the Petitioner in C.C.No.778/2018 before the Court of the V Additional Junior Civil Judge, Guntur, which arose out of Crime No. 445/2011 of Arundalpet Police Station, Guntur Urban District, Andhra Pradesh, and pass IA NO: 1 OF 2020 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 to dispense with certified copy of the charge sheet in C.C.No.778/2018 before the Court of the V Additional Junior Civil Judge, 2 Guntur, which arose out of Crime No. 445/2011 of Arundalpet Police Station, Guntur Urban District, Andhra Pradesh and pass IA NO: 2 OF 2020 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 to stay all further proceedings including appearance of the Petitioner in C.C.No.778/2018 before the Court of the V Additional Junior Civil Judge, Guntur, which arose out of Crime No. 445/2011 of Arundalpet Police Station, Guntur Urban District, Andhra Pradesh, Pending disposal of the quash petition before this Hon’ble court and pass Counsel for the Petitioner/accused: 1. Dr CHALLA SRINIVASA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5990/2020 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner/Accused No.3, seeking quashment of the proceedings pending against him in C.C.No.778 of 2018 on the file of V Additional Junior Civil Judge, Guntur which arose out of Crime No.445 of 2011 of Arundalpet Police Station, Guntur Urban District, Andhra Pradesh, for the offences punishable under Sections 420 of IPC, Section 3, 4 & 5 of Chits and Money Circulation Scheme (Banning) Act. 2. Heard Dr Challa Srinivasa Reddy, learned counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner has nothing to do with the offence. A false case has been registered against the petitioner. There are no ingredients to attract the offences punishable under Sections 420 of IPC, Section 3, 4 & 5 of Chits and Money Circulation Scheme (Banning) Act. Learned counsel for the petitioner finally prays to allow the petition. 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that there are clear allegations attributed against the 4 petitioner who is the A-3. A-1 to A-4 as a gang cheated the public. A-1 is the leader of the gang. The petitioner herein is also a member of the gang. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 5. Considering the submissions made and a fair look at the material placed on record, as can be seen from the contents of the charge sheet, there are clear allegations made against the petitioner the effect that he is also one of the members of the gang and A-1 is the leader of the group. There is verifiable material against the petitioner. This Court cannot conduct a roving enquiry while exercising its jurisdiction under Section 482 of the Code of Criminal Procedure. 6. In that view, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 17.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5990/2020 Dated.17.07.2025 UPS 31