APHC010480012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI V0S WEDNESDAY THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7227 OF 2023 Between: Gattupalli Santhosh Kumar, S/o Ajay Kumar, aged about 28 years, D.No. 43- 106/1-57, Flat No. FOF2, S.V.S Hights, Thota Van Street 10th Line, A.S. Nagar, Vijayawada. ...Petitioner/Accused No.10 AND 1. The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2. P Viswanath, SI of Police Station, II Town P.S. Vijayawada City. ...Respondents 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 quash the entire proceedings against the petitioner in CC No. 3145 of 2023 on the file of the court of Hon'ble Chief Metropolitan Magistrate Court, Vijayawada lA NO: 1 OF 202^ 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 stay all further proceedings in CC No. 3145 of 2023 on the file of the court of Hon'ble Chief Metropolitan Magistrate Court, Vijayawada Counsel for the Petitioner:SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): PUBLIC PROSECUTOR The Court made the following; )^PHC010480012023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 1- WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO.THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7227/2023 Between: 1.GATTUPALLI SANTHOSH KUMAR, S/0 AJAY KUMAR, AGED ABOUT 28 YEARS, D.NO. 43-106/1-57, FLAT NO. FOF2, S.V.S MIGHTS, THOTA VAN STREET 10TH LINE, A.S. NAGAR, VIJAYAWADA. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.P VISWANATH, SI OF POLICE STATION, VIJAYAWADA CITY. II TOWN P.S., ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 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 quash the entire proceedings against the petitioner in CC No. 3145 of 2023 on the file of the court of Hon'ble Chief Metropolitan Magistrate Court, Vijayawada being in abuse of process of law and Court lA NO: 1 OF 2023 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 may be pleased to stay all further proceedings in CC No. 3145 of 2 2023 on the file of the court of Hon'ble Chief Metropolitan Magistrate Court Vijayawada Counsel for the Petitioner/accused: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) > * 3 Tfte Court made the following Order: Learned counsel for the petitioner submits that the petitioner is arrayed as accused No.10 in C.C.No.3145 of 2023 on the file of Chief Metropolitan Magistrate, Vijayawada, for alleged offences under Sections 143 and 188 of IPC. It is submitted that there is a statutory bar on the police filing a complaint under Section 188 of IPC. Section 195 of Cr.P.C reads as follows: 2. “Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 1) No Court shall take cognizance - a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii) of any abetment of, attempt to commit, such offence, or (Hi) of any criminal conspiracy to commit, such offence, Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; b) (i) of any offence punishable under any of the following section of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (Hi) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. 2) Where a complaint has been made by a public servant under clause (a) of Sub-Section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall taken complaint; Provided that no such withdrawal shall be ordered if the trial in the Court of the be on first instance has been concluded. 3) In clause (b) of Sub-Section (1), the term “Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act If declared by that Act to be a Court for the purposes of this section. 4) For the purposes of clause (b) of Sub-Section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from appealabie decrees or sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local Civil situate; Court such Jurisdiction Provided that— a. where appeals lie to more than one Court, the Appellat^. IS 4 Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate: b. where appeals lie to a civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.” Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. Perused the record. The complaint is filed before the police and the police have investigated the non-cognizable offence through the order of the Magistrate. Continuance of proceedings in C.C.No.3145 of 2023 on the file of Chief Metropolitan Magistrate, Vijayawada, for offences under Sections 143 and 188 of IPC would amounts to abuse of process of law and accordingly, the proceedings are liable to be quashed. Accordingly, the Criminal Petition is allowed, and the proceedings in C.C.No.3145 of 2023 on the file of Chief Metropolitan Magistrate, Vijayawada, against the petitioner herein is hereby quashed. As a sequel, miscellaneous applications pending, if any, shall 3. 4. 5. 6. stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. The Chief Metropolitan Magistrate Court, Vijayawada 2. The Station House Officer II Town Police Station, Vijayawada City. 3. One CC to Sri. Sivaprasad Reddy Venati Advocate [OPUC] 4. Two CCs to The Public Prosecutor, High Court of AP [OUT] 5. Two CD Copies MKP NM HIGH COURT DATED:25/06/2025 ORDER CRLP 7227/2023 ALLOWING THE CRLP