1 APHC010720122022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10573/2022 Between: YernintiGowrayya, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. TADDI NAGESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. YASWANTH GADE The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10573/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/Accused No.3, seeking quashment of the proceedings pending against him in CC.No.729 of 2019 on the file of XV Additional Metropolitan Magistrate, Bheemunipatnam. 2. Heard Sri T.Nageshwara Rao, learned counsel for the petitioner, Sri G. Yashwanth, learned counsel for the respondent No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that there are no allegations made against the petitioner to attract the alleged offence under Sections 420, 406, 411 r/w 34 of IPC except the offence under Section 7 of Essential Commodities Act. The petitioner herein is Accused No.3, who is the worker. Even as per the statement in the complaint and also the charge sheet shows his role as worker. He just joined two (2) months on demand of salary of Rs.7,000/- (Rupees Seven Thousand only) per month. He neither induced anyone nor received any property. No offence is made out against him. Learned counsel would further submit that continuing criminal proceedings against the petitioner is mere abuse of process of law. 3 4. Learned counsel for the respondent No.2 would submit that there are no specific allegations made against the Accused No.3 to attract the offence alleged under Sections 420, 406, 411 r/w 34 of IPC & Section 7 of Essential Commodities Act and the Court may pass appropriate Orders. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 6. Considering the submissions made and a fair look at the complaint, charge sheet and other material placed on record, as rightly put by the learned counsel for the petitioner, the role of the petitioner herein/Accused No.3 is a worker who joined two months preceding to the occurrence of the said alleged incident on a salary of Rs.7,000/- per month. Except that nothing is attributed against him that he induced anyone or received any financial benefit out of the alleged transaction. In that view, the petition deserves to be allowed. 7. In the result, the Criminal Petition is allowed. The criminal proceedingspending against the petitioner herein/A3 in CC.No.729 of 2019 on the file of XV Additional Metropolitan Magistrate, Bheemunipatnam are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.01.2025 UPS 4 152 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10573 of 2022 Dt.30.01.2025 UPS