IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4654 OF 2025 Between: Jampana Kumar Raju, (Jampana Kumar Varma). S/o J. R. Raju, Aged about 47 years, R/o Dr. No. 50-117-17/3, Seethammadhara, Visakhapatnam Pradesh. Andhra ...PETITIONER/ACCUSED N0.2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Tamballa Pardhasaradhi, S/o. Somesekharayya, Aged about 32 years, R/o. LIG 49/8, Hyderabad City, Telangana. ...RESPONDENT N0.2/DEFACT0 COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court be pleased to quash the proceedings as against Petitioner/Accuse d No.2 in C.C. No.2049 of 2020 on the file of II Additional Chief Metropolitan Magistrate Court, Visakhapatnam for the offences under Sections 419, 420, 471 and 120-B r/w Section 34 of IPC and Sections 18 and 19 of the Transplantation of Human Organs Act, 1995. may I.A. NO: 2 OF 202.^^ Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition be pleased to stay all further proceedings including the High Court may appearance of the Petitioner/Accused No.2 in C.C.No.2049 of 2020 on the file of II Additional CNef Metropolitan Magistrate Court, Visakhapatnam for the offences under Sections 419, 420, 471 and 120-B r/w Section 34 of IPC and Sections 18 and 19 of the Transplantation of Human Organs Act, 1995. -This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SINGAMSETTY V.M. SANKAR, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: 1 'v CRLP. No.4654 of 2025 APHC010214002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4654/2025 Between: Jampana Kumar Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: 1.SINGAMSETTY V.M. SANKAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT 2 CRLP. No.4654 of 2025 A THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4654 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. This criminal petition is filed seeking to quash the proceedings against the petitioner in C.C. No.2049 of 2020 on the file of the Court of the II Additional Chief Metropolitan Magistrate, Visakhapatnam, for the alleged offences under Sections 419, 420, 471 and 120-B read with Section 34 of the Indian Penal Code, 1860 and Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act [for short TOHO Act’]. 3. The learned counsel for the petitioner submits that, under section 13 of the TOHO Act, a complaint can only be filed by the appropriate authority. The learned counsel has drawn the attention of this Court to the order passed by the coordinate Bench of this Court in Crl.P.No.3550 of 2022, where the victim filed the complaint, and based on the victim's complaint, the police investigated and filed a charge sheet.This Court, while considering the issue, examined the mandate under Section 13(2) of the TOHO Act and quashed the case insofar as the applicability of / Sections 18 and 19 of the Act. 3 CRLP. No.4654 of 2025 4. Upon perusal of the records in the present case, it appears that no complaint has been filed by the appropriate authority. Instead, the victim has filed the complaint. 5. Considering the submissions, it is evident that the victim is not a competent authority under the provisions of the TOHO Act. 6. In light of the above, this Court is inclined to allow the criminal petition to the extent of the applicability of Sections 18 and 19 of the TOHO Act. However, the petitioner shall face trial for the remaining offences with which he has been charged in C.C. No.2049 of 2020 on the file of the Court of the II Additional Chief Metropolitan Magistrate, Visakhapatnam. 7. Accordingly, the criminal petition is partly allowed. 8. Miscellaneous petitions, if any, pending in this criminal petition shall \ stand closed. \ Sd/- K J RAJA BABU ASSISTANT REGISTRAR pv SECTION ( //TRUE COPY// OFFICER To, 1 The II Additional Chief Metropolitan Magistrate Court, Visakhapatnam. 2 one CC to SRI. SINGAMSETTY V.M. SANKAR Advocate [OPUC] 3. Tr«o CCS to PUBLIC PROSECUTOR, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies Pmg nm HIGH COURT DATED:28/04/2025 ORDER CRLP.No.4654 of 2025 a 2 “i JUL 2025 igentSectip PARTLY ALLOWING THE CRLP