1 APHC010469712022 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: 7596/2022 Between: Devineni Aparna and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. SRIDEVI GANTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed, by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings against them in C.C.No.2125 of 2021 on the file of the Court of I Additional Chief Metropolitan Magistrate, Vijayawada for the offences under Sections143, 341, 353, 188 read with 149 of Indian Penal Code, 1860. 2. Heard Ms.Ganta Sridevi , learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the Respondents. 3. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar order passed by this Court in Criminal Petition Nos.695 of 2022 and Batch, dated 04.07.2024. 4. For ready reference the order passed in Criminal Petition Nos.695 of 2022 and Batch is extracted hereunder: “3.Learned counsel for the Petitioners would submit that there are no ingredients to attract the offences punishable under Sections 143, 341 and 188 read with 149 IPC against the Petitioners. He would submit that the case has been lodged against the Petitioners alleging that they conducted bike rally on the occasion of the Death Anniversary of Ex-Chief Minister Sri N.T.Ramarao on 18.01.2022, 3 without obtaining any permission and caused obstruction to the traffic on R & B Road. Learned counsel would submit that the complaint does not show any ingredients for the offence under Section 141 IPC, which is punishable under Section 143 IPC and Section 339 IPC punishable under Section 341 IPC. Learned counsel further submits that there is a bar underSection195Cr.P.C to register a case by the Police basing on the complaint lodged by a private individual for the offence under Section 188 IPC. 4. Learned Assistant Public Prosecutor fairly conceded that, absolutely there are no ingredients to attract the offences alleged against the Petitioners and Court may pass appropriate orders. **** 6. The complaint would show that it was given by a private individual to the Police reporting that there was a bike rally by the Petitioners by giving slogans and they caused disturbance to the vehicles which were plying on the road. The contents of the complaint would go to show that, nothing has been alleged to prima facie show any criminal intention on the part of the Petitioners to commit any of the offences alleged against the Petitioners. Further, as rightly put by the learned counsel for the Petitioners, in view of the bar under Section 195 Cr.P.C., a case cannot be registered by the Police under Section 188 IPC based on the complaint lodged by a private individual, and the same has to be filed by a public servant before the concerned Magistrate’s Court. In such circumstances, this Court is of the view that continuation of the proceedings against the Petitioners for the alleged offences is nothing but an abuse of process of Court. 7. Accordingly, the Criminal Petitions are allowed by quashing the proceedings against the Petitioners/Accused in Crime No.46 of 2022 on the file of Vatsavai Police Station, Krishna District, for the offences under Sections 143, 341 and 188 read with 149 of IPC.” 5. With regard to the commission of the offences punishable under Sections 290 and 341 IPC, in the instant case also, there is no complaint from any individual alleging that the Petitioners caused wrongful restrainment and public nuisance to attract the offences under Sections 341 and 290 IPC 4 respectively. 6. Hence, following the said Order passed by this Court in Criminal Petition Nos.695 of 2022 and Batch, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioners/Accused Nos.1 and 2 in C.C.No.2125 of 2021 on the file of the Court of I Additional Chief Metropolitan Magistrate, Vijayawada for the offences under Sections 143, 341, 353, 188 read with 149 of Indian Penal Code, 1860. 7. In the result, the Criminal Petition is allowed. 8. Pending applications, if any, shall stand closed. ____________________________________________________________ DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.01.2025 MH 5 HON’BLE SMT.JUSTICE VENKATA JYOTHIRMAI PRATAPA 162 Crl.P.No.7596 of 2022 Dt.10.01.2025 MH