THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE IN PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5731 OF 2023 Between: 1. Nathi Lakshmi, W/o Veera Venkata Satyanarayana. Age 52 years, SC Mala, MPIIA (F), Medical and Health Department, The then in Konkoduru (V), Biccavole Mandal. PHC, Konkuduru (V) Residing at No. 11-132, caste charge of Medical Sub-Center Presently working At Harijanapeta, Konkuduru (V), Biccavole (M) Cell No.9959238927. 2. Pulapakura Aruna Kumari,, W/o Pedda Abbbbulu, Age 36 years. Caste Medical and Health Department. The then 2nd In SC Mala, MPHA (F) charge. Medical Sub- Center, Konkudure (V), Residing at D.No.4-98 ^ Harijana Peta, Konkuduru V, Biccavolu Mandal, Cell No. 9573232987 ...Petitioner / Accused No.10 and 11 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi 2. Dr B Satya Susheela,, W/o S Gopala Rao, Aged 60 years, Occ. Dist “Medical and Health Officer, Near P.R. Govt College, Kakinada, Now Retired from serive. residing opp. GPT Kakinada. S,--' ...Respondents w . r-\\\x:~ 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 pleased to quash the proceedings against the petitioners/accused no. 10 and 11 in C.C.No. 866 of 2023 on the file of Judicial Magistrate of 1 Class, Anaparthi, East Godavari District which arose out of Cr.No. 127/2020 of Biccavole Police Station. LA. NO: 2 OF 2025 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 permit the 1st petitioner herein to file the additional material papers in CrI.P. No.5731/2023 in the interest of justice. LA. NO: 1 OF 2025 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 permit the 2nd petitioner herein to fil^ the additional material papers in CrI.P No.5731/2023 in the interest of justice. 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 f Petition,the High Court may be pleased to stay all further proceedings againsl the Petitioner/accused no. 7 in C.C.No. 866 of 2023 on the file of Judicial Magistrate of I Class, Anaparthi, East Godavari District which arose of Cr.No. 127/2020 of Biccavole Police Station. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B 7 Chandra Shekhar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following Order: X 1 CRLP. No.5731of2023 APHC010390272023 0B0 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO:5731/2023 Between: Nathi Lakshmi and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.B CHANDRA SHEKHAR Counsel for the Respondent/complainant(S): ^.PUBLIC PROSECUTOR (AP) The Court made the following: ...RESPONDENT/COMPLAINANT{S) 2 CRLP. No.5731of 2023 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5731 OF 2023 ORDER: / 1. The petitioners are arraigned as Accused Nos. 10 and 11 in C.C. No.866 of 2023 on the file of the Court of the Judicial First Class Magistrate, Anaparthi, East Godavari District, for the alleged offences under Sections 420, 465, 406, 409 read with Section 34 of the Indian Penal Code, 1860. nd respondent has filed a complaint alleging various offences against the petitioners and others. The complaint was filed after the r, Konkuduru, on 2. The 2 M.L.A. of Anaparthi visited the primary health ce 27.04.2020 and expressed his displeasure on the irregularities and I 11^ misconduct by Accused Nos.1 to 3. Disciplinary action was initiated against Accused Nos.1 to 3 and it is stated in the complaint that the 1 Accused has claimed salary from the year 2014 to March 2020 and withdrew an amount of Rs. 15,93,341/- without attending the duties. In this regard, a complaint was filed alleging that the 1®* Accused was working, on contract basis and the other accused have aided 1 Accused in facilitating the illegal withdrawal of monies. 3. The specific allegations against the petitioners are that both the ..j^etitioners are working as multi-purpose health assistants (MPHA) and that they resorted to forging the initials of the 1 attendance register. St X St St Accused in the CRLP. No.5731of2023 4. The learned counsel for the petitioner submits that the complaint lodged by the 2'""' respondent only to please the local M.L.A. and to be in the good books of the local M.L.A. The complaint is a motivated complaint without any truth in it. It is also submitted that the departmental enquiry initiated against the petitioners ended up in a finding by the enquiry officer that the charges were not proved against the petitioners. was 5. Departmental proceedings were also initiated against Accused No.9. However the charges were not proved. It is submitted that the enquiry report dated 06.06.2022 has given a clean chit to the petitioners and the petitioners were reinstated. 6. Heard the submissions of the learned counsel appearing for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 7. The criminal proceedings were initiated on the complaint of the 2"'' respondent which was evidently motivated by the local M.L.A. The X departmental proceedings have ended up without finding any fault on the paji of the petitioners. The petitioners were initially suspended pending enquiry and after completion of enquiry, they have been reinstated. 8, When the charges against the petitioners departmental enquiry, the investigation conducted by the police same set of facts and^circumstances and recording the evidence of the are not proved in the on the 4 CRLP. No.5731of2023 same witnesses cannot sustain the complaint against the petitioners the same charges. on This Court is of the considered view that continuation of the criminal proceedings against the petitioners without there being any evidence against them would not serve any purpose and would also render wasting the precious judicial time of the trial court. Hence, this Court is inclined to quash the proceedings No.866 of 2023 in C.C. on the file of the Court of the Judicial First Class Magistrate, Anaparthi, East Godavari District, insofar as the petitioners are concerned. 9. Accordingly the criminal petition is allowed. 10. Miscellaneous petitions, if stand closed. any, pending in this criminal petition shall Sd/- M SRINIVAS ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Judicial Magistrate of I Class, Anaparthi, East Godavari District 2. The Station House Officer, Biccavole Police Station, East Godavari District 3. One CC to Sri. B Chandra Shekhar, Advocate [OPUC] 4>Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies PR vna T y* HIGH COURT DATED: 19/03/2025 \ ORDER CRLP.No.5731 of 2023 A ALLOWING tHE CRLP 'N-