IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI FRIDAY THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 289 OF 2025 Between: Eluru Sreenivasula Reddy, S/o.Audisesha Reddy, Aged about 41 years, R/o.H.No.F-2, Srinivasa Apartment, New Colony, Anakapally, Visakhapatnam. ...Petitioner/Accused AND The State Of Andhra Pradesh, Through Station House Officer, Rambilli Police Station, Visakhapatnam District, Rep.by its Public Prosecutor, High Court of Andhra Pradesh. 1. ...Respondent/Complainant 2. Raghavaiah Gatta, W/o.Late Venkateswarlu, Aged about 44 years, Occ Manager, R/o.Rajeev Nagar, Kurmannapalem, Visakhapatnam City and District. ...Respondent/De-facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in FIR.No.62/2020 on the file of the Rambilli Police Station, Visakhapatnam District I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings FIR.No.62/2020 on the file of the Rambilli Police Station, Visakhapatnam District pending disposal of the above CrI.P. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P Nagendra Reddy, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent The Court made the following order: APHC010011622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 289/2025 Between; Eluru Sreenivasula Reddy ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.P NAGENDRA REDDY Counsel for the Respondent/coniplainant(S): 1.PUBLIC PROSECUTOR The Court made the following: Dr.VJPJ, Crl.P.No.289/2025 CRIMINAL PETITION NO: 289/2025 ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioner/Accused seeking quashment of the proceedings against him in FIR No.62 of 2020 on the file of Rambilli Police Station, Visakhapatnam District registered for the offences punishable under Sections 408, 419, 469, 471 of IPC and Section 66-C of Information Technology Act, 2000-2008. 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. Learned counsel for the petitioner would submit that the petitioner is the sole accused. Earlier, Crime No.412 of 2020 was registered on the complaint made by Sri V.Ramakrishna Iyer, Vice President, Vasant Chemicals Private Limited on 24.02.2020 in Cyber Crimes Police Station, Hyderabad. The Police 3. filed charge sheet, consequently, the Court took cognizance for the offence under Section 66-D of Information Technology Act, 2000 and punishable Section 406 of IPC against the very same accused, who is the petitioner in the present case. Learned counsel would further submit that the case ended in acquittal, vide Judgment dated 11.09.2024 on the file of XII Additional Chief Judicial Magistrate Court, Hyderabad. Learned counsel would further submit that the present case i.e.. Crime No. 62 of 2020 is lodged against the Dr.VJPJ, Crl.P.No.289/2025 petitioner on the complaint made by Mr. Raghavaiah Gatta, who is the Manager-HR for Vasant Chemicals Private Limited. The present Crime is registered on 02.03.2020 for the offences punishable under Sections 408, 419, 469 & 471 of IPC and Section 66-C of Information Technology Act, 2000- 2008. Learned counsel for the petitioner would further submit that continuing criminal proceedings against the petitioner amounts to double jeopardy, since the petitioner faced the very same allegations wherein the Court has taken cognizance, conducted Trial and on merits, the case ended in acquittal. The only difference in the present case is, it was lodged basing on the report of Manager-HR and C.C.No.8790 of 2020 was lodged on the report of Vice President of Vasant Chemicals Private Limited. Learned Assistant Public Prosecutor, on verification of the record, fairly conceded that the complaint made against the petitioner in Crime No.412 of 2020 which is numbered as C.C.No.8790 of 2020 which ended in acquittal before the Competent Court is the very same case in the present Crime No. 62 of 2020. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders in this matter. 5. The rule against double jeopardy is solidified by virtue of Section 300 Cr.P.C. and is a manifestation of the auterfois acquit and autrefois convict. (formally acquitted or formally convicted). The essence of this doctrine is to see that a person must not be put in peril twice for the same offence. For the plea of auterfois acquit succeed, it has to be shown that the verdict of acquittal 4. 4 Dr.VJPJ, Crl.P.No.289/2025 of the previous charge necessarily involves an acquittal of the latter. As rightly put by the learned counsel for the petitioner, it was fairly conceded by the prosecution, the petitioner has already faced Trial in C.C.No.8790 of 2020 and acquitted after full trial vide Judgment dated 11.09.2024 on the file of Xll Additional Chief Judicial Magistrate Court, Hyderabad. was For the better understanding, the contents of the report which was submitted to the Police by the respondent No.2 herein is extracted hereunder; 6. “ Sub: Complaint of Criminal Breach of Trust & Violation of Confidentiality Agreement at Vasant Chemicals Private Limited- Reg. Vasant Chemicals is a 40 year old, specialty chemicals manufacturing company with 80% export business and two manufacturing locations, one at Jeedimetla, Hyderabad, Telangana and another at SEZ, Atchutapuram, Andhra Pradesh. We are operating SEZ unit at APSEZ since 2010. We would like to bring to your kind notice that on February lO*"^, 2020 a certain person has created an email address- mvsr420@yahoo.com with our General Manager’s name Mr.SatyanarayanaMudunuru (Mudunuru Venkata Satyanarayana Raju) and sent an email with erroneous and misleading information to our customer Innochem BV in Belgium. The same was immediately communicated by our client Mr.Geert Ridder to us in person during our visit to the client in Antwerp, Belgium on 20'^ February, 2020 and vide his email dated 21®^ February, 2020. We are herewith enclosing the copies of the email sent by the unknown person but we suspect that these mails are sent by Mr.E.Sreenivasulu Reddy who worked as Manager-QA from 2^^ May, 2016 to 31®‘ December, 2019 as Mr. Sreenivasulu Reddy was in charge of QA and QC at our company and he had access to confidential information of our products, their quality, packing as well as the information about customers. We are also attaching the mail from our customer informing us about the mischievous mail. 5 Dr.VJPJ, Crl.P.No.289/2025 We wish to inform you that all our employees sign a confidentiality agreement and are bound by the confidentiality by terms of our employment. This mail sent to the customer amounts to ‘Criminal Breach of Trust’. As it is evident from these documents the person has sent this email with an ulterior motive of mischief to damage the business of our company as well as the reputation of our company. There is an urgency to apprehend such a person as otherwise he will continue to send similar mails to our other customers which will cause irreparable and irreversible damage to our business and reputation. We request you to kindly treat this as a case of criminal breach of trust and investigate the case and do the needful immediately.” The above report was submitted to the Police on 02.03.2020 at 3:00 PM 7. which was registered as Crime No. 62 of 2020 for the offences punishable under Sections 408, 419, 469 & 471 of IPC and Section 66-C of Information Technology Act, 2000-2008. Coming to the case of the prosecution, as can be seen from the copy of 8. the Judgment in C.C.No.8790 of 2020, the following are the allegations made against the petitioner in the charge sheet: “2. The brief allegations in the charge sheet are as follows:- (i) That on 24.02.2020 at about 1130 hours, received a police report from Sri V Rama Krishna lyer/LWI, Vice President of Vasantha Chemicals P. Ltd. stating that Vasanth Chemicals is 40 years old specialty Chemical manufacturing company with 80% of export business and there are two manufacturing locations i.e., one is at Jeedimetia, Hyderabad and another at SEZ, Achutapuram, AP state and they would like to bring our kind notice on 19.02.2020 that a certain person has created an email address -mvsr420@yahoo.com with their SEZ general Manager name Mr Satyanarayana Mudunuru (Mudunuru Venkata Satyanarayana Raju) and sent an email with erroneous and misleading information to their customer Innochem BV in Belgium. Immediately the same was communicated by their client MR Geert Ridder to them in person during the visit to the 6 Dr.VJPJ, Crl,P.No.289/2025 20.02.2020 and vide his email has sent this mail with client in Antwerp, Belgium on dated 21.02.2020. The unknown person an ulterior motive of mischief to damage the business of the company as well as reputation of the company. There is a urgency to apprehend such a person, otherwise he will continue to send similar mails to their customers which will cause irreparable and irreversible loss to their business and reputation and requested to take action. Hence police report.” The above crime was registered by Cyber Crimes Police Station, 9. for the offence punishable under Section 66-D of Information Act and 406 of IPC. The report was submitted to the Police on Hyderabad Technology 24.02.2024 at 11:30 hrs by the Vice President of Vasant Chemicals Private rightly put by the learned counsel for the petitioner, except the of the complainant in both the crimes, allegations are one and the undisputed fact that the petitioner/Accused was acquitted by the continuing criminal Limited. As name same. It is Court in C.C.No.8790 of 2020. Such being the case proceedings against the petitioner in the present case is amounting to sheer abuse of process of law. In that view, the petition is allowed. However, the case against the petitioner in FIR No.62 of 2020 on the file of Rambilli Police Station, District registered for the offences punishable under Sections of IPC and Section 66-C of Information Technology Act, 10. Visakhapatnam 408, 419, 469, 471 2000-2008 is hereby quashed. 7 Dr.VJPJ, Crl.P.No.289/2025 Consequently, miscellaneous petitions, pending if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Rambilli Police Station, Visakhapatnam Visakhapatnam District. 2. One CC to Sri. P Nagendra Reddy Advocate [OPUC] 3. Two CC s to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies vna HIGH COURT DATED : 10/01/2025 ORDER CRLP.No.289 of 2025 I I I FEB 2025 m Current Ueciion V ALLOWING THE CRLP