APHC010202822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4338 OF 2025 Between: 1. Varikuti Nagaraju, S/o. Nageswararao, Aged 44Years, R/o. Near Saint An's College, Podili Town (Janasena Party Parkasam Legal Cell Secretary). 2. Obulapuram Yedukondalu @ Konda, S/o. Narasimharao, Aged 30 Years, R/o. Pothavaram Village, Janasena Leader) of Darsi Mandal (Darsi Mandal ...Petitioners/Accused Nos.1 & 3 AND 1. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. D.Rama Krishna, S.l. of Police, N.G.Padu Police Station, Prakasam District. ...Respondent/Defacto Complainant Petition under Section 482 of Cr.P.C and 528 of BNSS, 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 Petitioners/accused No.1&3 in C.C. No.84 of 2024 on the file of the Court of Additional Judicial First Class Magistrate, Darsi. lA NO: 1 OF Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioners/accused No.1 & 3 in C.C. No.84 of 2024 on the file of the Court of Additional Judicial Darsi, pending disposal main criminal petition. First Class Magistrate Counsel for the Petitioners: Sri Ramakrishna Akurathi Counsel for the Respondent No.1: The Public Prosecutor, A.P. Advocate High Court of The Court made the following order: 1 CRLP. No.4338 OF 2025 APHC010202822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY .THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4338/20?^ Between: Varikuti Nagaraju and Others ...PETITIONER/ACCUSED{S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) 2 CRLP. NO.4338OF2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4338 OF 2025 ORDER: 1. Heard the learned counsel fpr the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that based on the complaint of the 2"^^ respondent, the police, NG Padu Police Station, Prakasam District, have registered a case against the petitioners for the offences under Sections 341, 188, 143 read with 149 of the Indian Penal Code, 1860 [for short ‘I.P.C.’] and upon completion of investigation, filed charge sheet before the learned Additional Judicial First Class Magistrate, Darsi. The learned Magistrate has taken the cognizance of the offence and numbered the charge sheet in C.C. No.84 of 2024. 3. The learned counsel further submits that the learned Magistrate has erroneously assumed jurisdiction to take cognizance of the alleged offence under Section 188 of the I.P.C. It is also submitted that Section 195(1) (a) (i) of the Cr.P.C. imposes a statutory embargo on the Court from entertaining cognizance of any offence punishable under Section 188 of the I.P.C., including abetment or attempt thereof, unless a formal complaint in writing is lodged by the concerned public servant for the contempt of his lawful order. 4. In the present case, no such procedure was followed and the police would lack jurisdiction to register a complaint. 3 CRLP. NO.4338OF2025 5. The learned counsel has placed reliance on the judgment of the' Coordinate Bench of this Court rendered in Alla Rama Krishna Reddy V. The State of Andhra Pradesh, decided on 15.10.2019, wherein the accused were charged with offenses punishable 188 and 341 of the I.P.C. This Court under Sections 143, meticulously examined the procedural mandate under Section 195 of the Cr.P.C. the requisite procedural compliance and observed that was not followed. Consequently, petitioner/accused this Court quashed the proceedings against the therein, holding that procedure contemplated under Section Cr.P.C. was not followed. 195 of the 6. In the present facts of the case, there is no dispute on the non- compliance of the requirement under Section 195 of the Cr.P.C. that the police have not followed the procedure while and registering the complaint and the learned Magistrate has erred in taking cognizance of the offence under Section 188 of the I.P.C. 7. Following the law laid down by the Coordinate Bench of this Court the considering the submissions, I am of the considered view that the proceedings in C.C. No.84 of 2024 on the file of the Court of the learned Additional Judicial First Class Magistrate, Darsi hence, the proceedings in the C.C. against the petitioners are liable to be quashed. and are not tenable and 4 CRL.P. No.4338 OF 2025 <• 8. Accordingly, the criminal petition is allowed and the proceedingsagainst the petitioners in the C.C. No.84 of 2024 on the file of the Court of the Additional Judicial First Class Magistrate, Darsi, are hereby quashed. 9. Pending miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR i //TRUE COPY// SEenON OFFICER To, 1. The Additional Judicial First Class Magistrate, Darsi, Prakasam District. The Station House Officer, Darsi Police Station, Prakasam District. One CC to Sri Ramakrishna Akurathi, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P.[OUT] Three CD Copies 2. 3. 4. 5. GPC sree HIGH COURT DATED: 23/04/2025 I 2SW2()?5 ' ^ ^ Current jiection ORDER CRLP NO. 4338 OF 2025 ov m ALLOWING THIS CRIMINAL PETITION