IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATJ WEDNESDAY ,THE THIRTIETH DAY OF APRIL / TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4538 OF 2025 Between: Jampana Kumar Raju [Jampana Kumar Varma], S/o J. R. Raju, Aged R/o Dr. No. 50-117-17/3, Seethammadhara about 47 years, Visakhapatnam, Andhra Pradesh. ...Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. 2. Smt. N. Gowri, Sub Inspector, Maharanipeta P.S., Visakhapatnam City. ...Respondent No.2/De-facto Complainant Petition under Section 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 proceedings as against Petitioner/Accused No.2 in C.C. No. 3286 of 2020 on the file of II Additional Chief Metropolitan Magistrate Court, Visakhapatnam for the offences under Sections 419, 420, 468, 471 and 120-B r/w Section 34 of I PC and Sections 18 and 19 of the Transplantation of Human Crgans Act, 1995. I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petitioner/Accused No.2 in C.C. No. 3286 of 2020 on the file of II Additional Chief Metropolitan Magistrate Court, Visakhapatnam for the offences under Sections 419, 420, 468, 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. The Court made the following; APHC010213982025 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: 4538/2025 Between: Jampana Kumar Raju ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.SINGAMSETTY V.M. SANKAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the State. The learned counsel for the petitioner submits that the petitioner is arrayed as accused No.2 in C.C.No.3286 of 2020 on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam, for alleged offences under Sections 419, 420, 468, 471 and 120-B of IPC read with 34 of IPC and Sections 18 and 19 of Transplantation of Human Organs Act (for short “TOHO Act”). ...RESPONDENT/COMPLAINANT(S) 2. 2 The learned counsel for the petitioner submits that, under Section 13 of the TOHO Act, a complaint can only be filed the appropriate authority. The learned counsel has drawn the attention of this Court to the order passed 3. 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 in so far as the applicability of Sections 18 and 19 of the Act. Upon perusal of the records, it appears that no complaint has been filed in the present case by the appropriate authority. Instead, the victim has filed the'complaint. 4. 5. Considering the submissions, it is evident that the victim is not a competent authority under the provisions of TOHO Act. 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.3286 of 2020 on the file of II Additional Chief Metropolitan Magistrate, Visakhapatnam. Accordingly, the Criminal Petition is partly allowed. As a sequel, miscellaneous applications pending, if any, shall 6. 7. 8. stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// 4>r SECTION OFFICER 1. The II Additional Chief Metropolitan Magistrate, Visakhapatnam. 2. One CC to Sri. Singamsetty V.M. Sankar, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies To, PNM sree 1 o HIGH COURT DATED:30/04/2025 ORDER CRLP.No.4538 of 2025 ALLOWING THE CRIMINAL PETITION IN PART