IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4148 of 2025 Between: Gudimetia Bala Gangadhara Reddy, S/o. Satti Reddy, aged 55 years, 4-22, Penumantra Village, Mallipudi Mandal, West Godavari District- 534124. ...Petitioner/Accused No.4 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant 2. Dharavathu Ravi Chandra Surya Kumar, S/o. Venkateswarlu, aged 46 years, Indira Naik Nagar, Ajith Singh Nagar, Vijayawada. Cell No. 9618997789. ...Respondent No.2/Defacto Complainant Petition under Section 528 of BNSS (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 call for the records pertaining F.I.R No.220 of 2024 of A.S. Nagar Police Station, Vijayawada and quash all proceedings against the petitioner. % I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS (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 stay of investigation in F.I.R No.220 of 2024 on the file of A.S. Nagar Police Station, Vijayawada City pending disposal of the main case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Inakollu Venkateswarlu, 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: APHC010196412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [ilMQ [3457] •L* WEDNESDAY .THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4148/2025 Between: ...PETITIONER/ACCUSED Gudimetia Bala Gangadhara Reddy AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused: 1. INAKOLLU VENKATESWARLU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: -2- CRL.P. No.4148 of 2025 % THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4148 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.4 in Crime No.220 of 2024 of A.S.Nagar Police Station, Vijayawada City, registered for the alleged offence under Sections 171-H and 188 of the Indian Penal Code, 1860. 3. The learned counsel for the petitioner submits that the de facto complainant is a member of the FST Team-9 in the Vijayawada Central Constituency, lodged a complaint on 28.04.2024 alleging that he received information through C-vigil app under ID No. 1144260 regarding the storage of a large quantity of pressure cookers. Following the same, the FST team raided the shop however found no cookers but seized 5,250 stickers and coups bearing the fan symbol. Based on the complaint, the police registered the crime against the petitioner and other accused. 4. The learned counsel further submits that the police could not take cognizance of the complaint filed by the Member of the flying surveillance team (FST) and submits that Section 195 of the Code of Criminal Procedure would prohibit any such cognizance by the -3- CRl.P. No.4148 of 2025 police and that the complaint ought to have filed by the officer before the competent Magistrate. On receipt of such a complaint, the Court would take cognizance and conduct a trial. 5. The learned counsel also submits that in several cases, this Court also quashed the complaints at the stage of F.I.R. itself. A reliance is placed on the order passed by this Court in CrI.P. No.4647 of 2022, whereby a flying surveillance team filed a complaint about certain cricket kits found in a vehicle, and the complaint was lodged before the police. It is submitted that Section 171 E of I.P.C. is not a cognizable offence. In paragraphs 7 and 8 of the judgment, this Court held that. “7. Admittedly, in a summons case where non-cognizable offences have been alleged against the petitioner herein and two (2) others, the police ought to have taken prior permission from the jurisdictional Magistrate before conducting an investigation. 8. Section 155(2)Cr.P.C., reads as follows; S.155. Information as to non-cognizable cases and investigation of such cases. 1 2. No police officer shall investigate cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial.” a non- 6. Considering the submissions of the learned counsel for petitioner, this criminal petition is allowed, and the proceedings i Crime No.220 of 2024 of A.S. Nagar Police Station, Vijayawada the in -4- % CRLP. No.4148 of 2025 City, registered for the alleged offence under Sections 171-H and 188 of the Indian Penal Code, 1860, are hereby quashed against the petitioner herein. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER 1. The Station House Officer, A.S. Nagar Police Station, Vijayawada, Krishna District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi[OUT] 3. One CC to Sri Inakollu Venkateswarlu, Advocate [OPUC] 4. Three CD Copies To Pradesh, TK sree HIGH COURT DATED:22/04/2025 ORDER CRLP.No.4148 of 2025 ALLOWIING THE CRIMINAL PETITION