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2025 DAILYLAW 26845 (AP)

Teki Venkateswara Rao v. THE STATE OF ANDHRA PRADESH

CRLP/7796/2025 · 2025-07-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010380372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7796 OF 2025 Between: Teki Venkateswara Rao, S/o. Ganga Rao, Aged about 54 Occupation; Asst. Divisional Engineer (Operations), APEPDCL, Tadepalligudem Rural, West Godavari District. years. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by Inspector of Police, Anti-Corruption Bureau, Eluru Range, Eluru, West Godavari District, Through the Public prosecutor for Anti-Corruption Bureau, Hon’ble High Court of AP At Amaravati. ...Respondent years. Occupation; Cultivation, Resident of Mounjipadu, Pentapadu Mandal, W.G.District. 2. Mylavarapu Subbarayudu, S/o Raja Babu, Aged about 41 ...Respondents/Defacto Complainant Petition under Section 528 of BNSS, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the CC. No.8/2012 dated 11.01.2012 the file of Special Judge for SPE & ACB Cases, Vijayawada for the alleged offences punishable U/s 7, 13(1) (d) R/w 13(2) of P.C.ACT, 1988 of ACB. , on Counsel for the Petitioner: Sri Gundala Siva Prasada Reddy, Advocate Counsel for Respondent No.1: Sri S.Syam Sunder Rao, Advocate, SC - cum - Special Public Prosecutor for ACB. The Court made the following ORDER; ( APHC010380372025 IN THE HIGH COURT OF ANDHRA PRADESH Sra: AT AMARAVATI [3396] (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7796/2025 Between: 1.TEKI VENKATESWARA RAO, S/0. GANGA RAO, AGED ABOUT 54 YEARS, OCCUPATION ASST. DIVISIONAL ENGINEER (OPERATIONS), APEPDCL, TADEPALLIGUDEM RURAL, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY INSPECTOR OF POLICE, ANTI-CORRUPTION BUREAU, ELURU RANGE, ELURU, WEST GODAVARI DISTRICT.,THROUGH THE PUBLIC PROSECUTOR FOR ANTI-CORRUPTION BUREAU, HONBLE HIGH COURT OF AP AT AMARAVATI. 2.MYLAVARAPU SUBBARAYUDU, S/0 RAJA BABU, AGED ABOUT 41 YEARS. OCCUPATION CULTIVATION, RESIDENT OF MOUNJIPADU, PENTAPADU MANDAL, W.G.DISTRICT. ...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 Courtpleased to quash the CC No.8/2012 dated 20.01.2012 on the file of Special Judge For SPE & ACB Cases, 45^' ^ '■ 2 Vijayawada for the alleged offences punishable U/s 7, 13{1) (d) R/w 13(2) OF P.C.ACT, 1988 OF ACB and pass 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 Fligh Court may be pleased pleased to dispense with filing of the original certified copy of CC No.8/2012 dated 20.01.2012 on the file of Special Judge for SPE & ACB Cases, Vijayawada before this Flon’ble Court and pass Counsel for the Petitioner/accused: 1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent/complainant{S): 1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court Made the Following Order: The instant petition under Section 528 of the BNSS has been filed by the Petitioner/Accused, seeking quashment of proceedings against him in CC No.8 of 2012 on the file of the learned Special Judge for SPE & ACB Cases, Vijayawada. 2. Fleard learned counsel for the petitioner and the learned Special Public Prosecutor for ACB. 3. Learned counsel for the petitioner would submit that the petitioner herein is the sole accused, and that a false case has been lodged against him due to personal grudges. Flence, he prays for quashment of the case. Learned Special Public Prosecutor for ACB would submit that this 4. case was transferred from Special Judge for SPE & ACB Cases, Vijyawada to learned Special Judge for SPE & ACB Cases, Rajamahendravaram and the same was numbered as C.C.No.05 of 2018. 5. Learned counsel for the petitioner would further submit that notice has to be issued to the de facto complainant in this case, as the petitioner intends to carry the matter to the Hon’ble Supreme Court of India. On hearing both sides and on perusal of the entire material on record, this Court is of the view that the contentions raised in the present petition is a matter of defence before the trial Court, and that this is not a fit case for quashment. Moreover, as it is a trap case, the matter requires a full-fledged trial. Therefore, the petition deserves to be dismissed. Accordingly, the Criminal Petition is dismissed. 6. 7. Pending applications, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Judge for SPE & ACB Cases, Vijayawada, Krishna District. One CC to Sri Gundala Siva Prasada Reddy, Advocate [OPUC] Two CC’s to Sri S.Syam Sunder Rao, Advocate, SC-cum-Special Public Prosecutor for ACB Case. [OUT] Three CD Copies 2. 3. 4. GPC sree IM HIGH COURT DATED: 25/07/2025 ORDER CRLP NO. 7796 OF 2025 DISMISSING THIS CRIMINAL PETITION