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2025 DAILYLAW 43023 (AP)

POLIREDDY SRINU v. STATE OF ANDHRA PRADESH

CRLP/6414/2024 · 2025-04-02

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6414 OF 2024 Between: Polireddy Srinu, S/o Parades! Naidu, aged about 21 years R/o Lacharmapalem Village, Makavara Palem Mandal, Anakapalli District. ...PETITIONER/ACCUSED NO.10 AND 1. State of Andhra Pradesh, represented through Public Prosecutor, at High Court of Andhra Pradesh, Amaravathi 2. The Inspector of Police, S.N.Puram P.S. Vijayawada City, N.T.R. District ...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 proceedings in CC.No.119 of 2022 on the file of Court of III Additional Metropolitan Magistrate, Vijayawada, arising out of Cr.No.270 of 2022 dated 18.6.2022 on the file of S.N.' Puram P.S. Vijayawada City, N.T.R. District, for the alleged offences under Sections 188, 153 (A), 505, 506, 120 (b), 143,146 r/w 149 I.P.C. and Section 32 of Police Act, 1861, in so far as petitioner herein is concerned in the interests of justice. I.A. NO: 2 OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, theiHigh Court may be pleased may be pleased to stay all further ■ proceedings in CC.No.119 of 2022 on the file of Court of III Additional Metropolitan Magistrate, Vijayawada, arising out of Cr.No.270 of 2022 dated 18.6.2022 on the file of S.N. Puram P.S. Vijayawada City, N.T.R. District, for the alleged offences under Sections 188, 153 (A), 505, 506, 120 (b), 143,146 r/w 149 I.P.C. and Section 32 of Police Act, 1861, in so far as petitioner herein is concerned. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M VIDYAVATHI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent Nos.1&2. The Court made the following Order: APHC010398662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6414/2024 Between: ...PETITIONER/ACCUSED Polireddy Srinu AND ...RESPONDENT/COMPLAINANT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.M VIDYAVATHI Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: ^7 % 11211 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.6414 of 2024 ORDER: 1. The learned counsel for the petitioner submits that the petitioner is arraigned as Accused No.10 in CC.No.119 of 2022 on the file of III Additional Metropolitan Magistrate, Vijayawada for the alleged offence punishable under Sections 188, 153(A), 505 506, 120(b), 143, 146 read with 149 of IPC and Section 32 of Police Act, 1861. 2. The learned counsel for the petitioner submits that, as per the charge sheet the only allegation is that the petitioner was questioned by the police officer with regard to his name and what he was doing. The police officer also verified the mobile phone of the petitioner in the whatsapp group and found that “Chalo- 18/JUN/ARO/Guntur” in whatsapp group and on that the petitioner is also arraigned as accused. Even as per the charge sheet there is no damage which is quantified by the police on account of the alleged offence alleged to have committed by the petitioner along with others. All that is stated in the charge sheet is that the accused have committed the offence of disobedience of orders duly promulgated by the public servant with an intention to cause circulate one rumour and threatened with dire consequences etc.. The listed documents also would not indicate non i-r-- what sort of damage was caused and the material objects seized are the mobile phone from the various accused including the petitioner. 3. Heard the learned Assistant Public Prosecutor and the learned counsel for the petitioner. 4. The provisions of section 153(A) of IPC would not be applicable to this case, that apart there is no specific allegation ought to have committed any offence as alleged by the police. 5. Considering the submissions, the age of petitioner is aged 20 years and that he is unemployed and on account of false grounds he is unable to get employment in anywhere. The police have filed false and frivolous case without any basis. i • 6. On these grounds, CC.No.119 of 2022 on the file of III Additional U W -t Metropolitan Magistrate, Vijayawada is hereby quashed against the petitioner. 7. Accordingly, the criminal petition is allowed. Pending miscellaneous petitions, if any, shall stand closed. 8. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The III Additional Metropolitan Magistrate Court, Vijayawada. 2. The Station House Officer, S.N.Puram Police Station, Vijayawada City. 3. One CC to Sri. M Vidyavathi, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies Pmg \/na HIGH COURT DATED:03/04/2025 \ \ ORDER CRLP.No.6414 of 2024 1 0 JUN ?0?5 /o o »s ALLOWING THE CRLP