APHC010391202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8215/2025 Between: 1. PANANGIPALLI UMA SHANKAR, S/O. VENKATA RATNAM, AGE 62 YEARS ASSISTANT REGISTRAR/SUB-DIVISIONAL CO-OPERATIVE OFFICER, RAMACHANDRAPURAM, EAST GODAVARI DISTRICT.. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Spl Public Pracecutor for ACB High Court of Andhra Pradesh at Amaravathi Through Inspector of Police, Anti-Corruption Burea Rajamahendravaram Range, Rajamahendravaram. ...RESPONDENT/COMPLAINANT 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 records pertaining in CrI. M.P. No.253 of 2025 in C.C.No.68 OF 2018 On the File of the Special Judge for Trial of cases under Prevention of Corruption Act, 1988, Rajamahendravaram, order dated 10-04-2025 against the Petitioners/Accused and quash the same and to pass such IA 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 grant stay of all further proceedings including appearance of the petitioner in C.C.No.68 OF 2018 On 2 the File of the Special Judge for Trial of cases under Prevention of Corruption Act, 1988, Rajamahendravaram, pending disposal of the above y criminal petition and pass such Counsel for the Petitioner/accused: 1. B.SUDHAKAR KUMAR Counsel for the Respondent/complainant: 1. S SYAMSUNDER RAO 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8215/2025 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 Officer, seeking quashment of the order dated 10.04.2025 passed by the learned Special Judge for Trial of Cases under Prevention of Corruption Act, 1988, Rajamahendravaram in Crl.M.P.No.256 of 2025 in C.C.No.68 of 2018. 2. Heard Sri B.Sudhakar Kumar, learned counsel for the petitioner/accused officer and Sri S.Syamsunder Rao, learned Special Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is facing Trial in C.C.No.68 of 2018 on the file of the learned Special Judge for Trial of Cases under Prevention of Corruption Act, 1988, Rajamahendravaram for the offences punishable under Sections 7, 13(2) r/w 13(1) (d) of P.C.Act, 1988. The petitioner/Accused Officer filed Crl.M.P.No.256 of 2025, seeking to summon the witness V.Trimurthulu, Retired Deputy Registrar of Co-operative Societies, Indiramma Bomma Street, Kakinada for the purpose of his examination as defence witness and to mark the enquiry report. The said petition was dismissed by the learned Special Judge with a specific observation that there is no dispute about the fact that the Accused 4 Officer conducted the enquiry under Section 51 of the Andhra Pradesh Co- operative Societies Act, 1964 and also submitted enquiry report. 4. Learned Special Public Prosecutor for ACB brought to the notice of this Court that the Accused Officer submitted enquiry report along with his statement under Section 313 Cr.P.C. There is no hurdle to the Court to look into the said report, since it is not a disputed fact. Hence, summoning superior officer to mark such document is not warranted. 5. Considering the submissions and a fair look at the impugned order passed by the learned Special Judge, as rightly put by the learned Special Public Prosecutor for ACB, accused officer has every right to place material along with the examination under Section 313 Cr.P.C., and the Court has every right to look into such documents filed along with the 313 examination. In addition to that, there is no dispute about the fact that the accused officer conducted enquiry and submitted that report and the accused officer wanted to place that report before the Court. In that view, since it is undisputed fact, learned Special Judge is directed to look into such documents and consider the grievance of the petitioner/accused officer and take appropriate decision over the matter according to law. 6. With these observations, the Criminal Petition is disposed of. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.08.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8215/2025 Dated.07.08.2025 UPS 45