s* IN THE HIGH COURT OF ANDHRA WEDNESDAY, THE THIRTIETH DAY OF APRII TWO THOUSAND AND TWENTY PRESENT the honourable SRI JUSTICE ^IMINAL PETITIHM NO: 4791 of onoc PRADESH :: AMARAVATI FIVE o ?l harinath.n BETWEEN: Kalavakuru road, Addanki Town, 48 years, R/o D. No.1-123-3, YSR Apartment, Bapatia District. -.PETITIONER/ACCUSED Through the Station Santhamagulur Police Station Court of Andhra Pradesh. _ House Officer, Hep-r by its Public Prosecutor, High ...RESPONDENT/DE-ACTO COMPLAINANTS as per old (under Section 482 the Memorandum of pleased to quash the of Santhamagulur Police against the petitioner/Accused No. Petition under Section 528 of Cr.P.C) praying that Grounds of Criminal of B.N.S.S. in the circumstances stated in Petition, the High Court proceedings pending in F.I.R. No. 77 of 2022 Station, presently Bapatia District 11. LA- NO: 1 OF Petition under Section 482 of Cr.P.C praying that in the of Criminal Petition, proceedings pending . presently Bapatia circumstances stated in the Memorandum of Grounds may be pleased be to stay of all further in F.I.R. No. 77 of 2022 of the High Court ^^•^thamagulur Police Station District against the petitioner/ Accused No. 11. i % This Petition coming on for hearing, upon perusing the Memorandum dlGrounds of Criminal Petition and upon hearing the arguments of Sri Koti Idamakanti, Advocate for the Petitioner and the Public A'' ■ Re Prosecutor on ■-5 behalf of the Respondent No. 1. ■n The Court made the following: 1 5, CRL.P.No.4791 of 2025 APHC010226392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4791/2025 Between: Bijjam Usharani ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.KOTI REDDY IDAMAKANTI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRL.P.No.4791 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4791 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. The learned counsel for the petitioner submits that the petitioner was arraigned as accused in Crime No.77 of 2022 of Santhamagulur Police Station, Prakasam District, registered for the alleged offence under Sections 409 and 411 of the Indian Penal Code, 1860 [for short ‘I.P.C’]. 3. The learned counsel further contends that the invocation of Section 409 of the Indian Penal Code against the petitioner is legally untenable, as the petitioner is not an employee of the State. Furthermore, it is asserted that the petitioner is engaged in the cement supply business and has been furnishing materials to execute works under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). 3 CRL.P.No.4791 of 2025 4. It is submitted that a sum of Rs.3,17,500/- was duly remitted to the petitioner in consideration of the supplied materials. However, despite the legitimate nature of the transaction petitioner has been implicated proceedings. Considering the submission j the as an accused in the present 5, the Station House Officer Santhamagulur Police Station, Prakasam District, is directed to complete the investigation in Crime No.77 of 2022 by following the procedure as contemplated under Section 41-A Cr.P.C., insofar as the petitioner is concerned. It also makes it clear that Section 409 of I.P.C. cannot be made applicable to the petitioner in the case. With the above, the criminal petition is disposed of. Miscellaneous petitions, if petition shall stand closed. 6. 7. any, pending in this criminal Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Station House Officer Bapatia District. 2. One CC to Sri Koti Reddy Idamakanti, 3. Two CCs to Public Prosecutor, 4. Three C.D Copies. Santhamagulur Police Station presently Advocate [OPUC] High Court of Andhra Pradesh at Amaravathi. [OUT] ssl TF high court DATED;30/04/2025 ORDER CRLP.No.4791 of 2025 CRIMINAL PETITION fS DISPOSED OF