APHC010446732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9094 OF 2025 Between: Valluri Srinivasa Rao alias Srinu, S/o Late Sri Ramakrishna, Age 50 Years, Occ Cultivation, R/o Door No, 3-21, Vetlapalem - 533 434 Samalkot Mandal, Kakinada District ...Petltioner/A-2 AND The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Amaravati, through its SHO, Samalkot PS, Kakinada District. f ...Respondent/complainant 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 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 and quash the same against the Petitioner / A-2 . 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 High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioner/A2 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: APHC010446732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 5 [3396] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9094/2025 Between: 1.VALLURI SRINIVASA RAO ALIAS SRINU, S/0 LATE SRI RAMAKRISHNA AGE 50 YEARS, OCC CULTIVATION, R/0 DOOR NO, 3-21, VETLAPALEM KAKINADA DISTRICT 533 434 SAMALKOT MANDAL ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High Court at Amaravati, through its SHO, Samalkot PS, Kakinada District. ...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 CourtPleased 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 and quash the against the Petitioner / A-2 and pass lA NO: 1 OF 2025 same 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 pleased to grant stay of all further proceedings including appearance of the Petitioner in CC.No. 85 of 2024 the file of the Court of the Special Mobile Judicial First Class / Magistrate, Kakinada, pending disposal of the present Criminal Petition and Counsel for the Petitioner/accused: on pass ---■r 2 ' "r 1.N SIVA REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioner/Accused No.2 seeking quashnnent of proceedings against him in CC.No. 85 of 2024 on the file of the Court of the Special Mobile Judicial First Class Magistrate, Kakinada. Heard Sri N.Siva Reddy, learned counsel for the Petitioner and 2. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the petitioner would submit that there was no 3. 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 IPC. Learned Assistant Public Prosecutor would submit that the Court may 4. pass appropriate orders. Considering the submissions made, this Criminal Petition is allowed by quashing the proceedings against the petitioner in C.C.No.85 of 2024 on the file of the Court of the Special Mobile Judicial First Class Magistrate, 5. Kakinada. Pending interlocutory applications, if any, shall stands closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, SHO, Samalkot PS, Kakinada District . Mobile Judicial First Class Magistrate, Kakinada, 1. The 2. The Court of Spl Kakinada District, 3. One CC to 4. One CC to The Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Two CD Copies Sri. N Siva Reddy Advocate [OPUC] nm HIGH COURT DATED: 02/09/2025 ORDER CRLP NO. 9094 OF 2025 sT 2 5 SEP 2025 )%) tSectioaX'V ALLOWING THIS CRIMINAL PETITION