%■ APHC010404132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Is-. THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE c- PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6504 OF 2024 Between: Boddu Venkata Ramana Chowdary, S/o Late Sri Boddu Bhaskara Rama Rao Age 48 Years, Occ Business, R/o Peddada - 533 344, Pedapudi Mandal, Kakinada District ...Petitioner/A-1 AND State of Andhra Pradesh, rep. by its Public Prosecutor, Amaravati, through its SHO, Samalkot PS, Kakinada District. High Court at ...Respondent/Complainant Petition 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 the records relating to the proceedings in CC.No.85 of 2024 on the file of the Court of the Special Mobile Judicial First Class Magistrate, Kakinada. lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court T ‘ - * / may be pleased to grant stay of all further proceedings including appearance of the Petitioner in CC.No.85 of 2024 on the file of the Court of the Special Mobile Judicial First Class Magistrate, Kakinada, pending disposal of the present Criminal Petition Counsel for the Petitioner :SRI N SIVA REDDY Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following order: 7/' y / / /■ THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No. 6504 OF 2024 ORDER: 1. The petitioner is arraigned as Accused No.1 in CC.No.85 of 2024 on the file of Special Mobile Judicial First Class Magistrate, Kakinada for alleged offence under Section 188 read with 34 of IPC. The petitioner is said to have garlanded the statue of his father on the eve of his Birth Anniversary. The said incident has now been considered as violation of Model Code of Conduct and the Nodal Officer has filed a complaint for the alleged offence under Section 188 read with 34 of IPC. 2. The learned counsel for the petitioner submits that there was no election conducted and it is unanimous and that there was no scope for the petitioner to commit the alleged offence under Section 188 read with 34 of IPC. 3. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor for the State. Perused the material on record. 4. Considering the submissions, garlanding of father of the petitioner cannot be considered as violation of Model Code of Conduct, as such, the complaint filed against the petitioner cannot be sustainable under Section 188 read with 34 of IPC. 5. Accordingly, the criminal petition is allowed and CC.No.85 of 2024 on the file of Special Mobile Judicial First Class Magistrate, Kakinada is hereby quashed against the petitioner herein. 6. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Special Mobile Judicial First Class Magistrate, Kakinada. * * APHC010404132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6504/2024 Between: Boddu Venkata Ramana Chowdary ...PETITIONER/ACCUSED No.1 AND State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.N SIVA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: / 2. The Station House Officer, Samalkot Police Station, Kakinada District. 3. One CC to Sri. N Siva Reddy, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 5. Two CD Copies MKP sree HIGH COURT DATED:26/06/2025 \ ORDER CRLP NO. 6504 OF 2024 ALLOWING THE CRIMINAL PETITION