/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6323 OF 2022 Between: Vemasani Naresh, S/o Krishneswara Naidu, Aged 38 Years, Occupation:Hotel business,R/o. Maddali Village, Kota Mandal Tirupati District. ...PETITIONER / ACCUSED No.2 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, through the Station House Officer Kota Police Station, SPSR Nellore District. 2. Gattamaneni Lakshamiah Naidu, S/o. Sivarama Naidu, Age 50 years, Maddali Village, Kota Mandal, SPSR Nellore District. ...RESPONDENT/ DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in P.O.C.S.O.S.C.No.87 of 2022 on the file of the I Additional Session Judge Court, SPSR Nellore District I.A. NO: 2 OF 2022 Petition 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 grant stay of all further proceedings in pursuance of P.O.C.S.O.S.C.No.87 of 2022 on the file of the I Additional Session Judge Court, SPSR Nellore District against the Petitioner/Accused No 2 including Appearance of the Petitioner/Accused No 2 in the interest of justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Kambhampati Ramesh Babu, Advocate for the Petitioner and Ms K. Priyanka Lakshmi, Assistant Public Prosecutor (AP) on behalf of the Respondent No.1 The Court made the following Order: APHC010418372022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3396] / FRIDAY JHE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6323 OF 2022 Between: ...PETITIONER/ACCUSED Vemasani Naresh AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT{S) Counsel for the Petitioner/accused: 1.KAMBHAMPATI RAMESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/ Accused No.2, seeking quashment of the proceedings pending against them in POCSO S.C.No. 87 of 2022 on the file of the Court of I Additional Sessions Judge SPSR Nellore District. 2. Heard Sri Kambhampati Ramesh petitioner and Ms. K. Priyanka Babu, learned Lakshmi, learned Assistant counsel for the Public Prosecutor on behalf of the State. 3. Notice sent to the Learned Assistant Public Prosecutor respondent No.2. which was returned as un-served. for the respondent/ State is requested to through Police, it is represented that the serve a notice on respondent No.2, notice has been served on respondent No.2. 4. Learned counsel for the petitioner ingredients in the complaint to would submit that there are no attract whether the offences under Section 505 and 506 of IPC. It is alleged against the petitioner that he brought one Mr. Govind to village on even day that Mr. Govind has taken the daughter of in school. Meanwhile, she taking care of the daughter of respondent No.2 on his motor bike to drop her i jumped by bike. Mr. Govind without No.2 left the place. Thereafter, with the present petitioner, of respondent No.2 i respondent enquired the matter against the daughter a crime has been when respondent No.2 he passed some comments m the village. With those allegations lodged against the petitioner. 5. Learned against the petitioner for the mere abuse of process of law. counsel would submit that offences under Sections continuing criminal proceedings 505 and 506 of IPC is 6. Learned Assistant Public submit that there Prosecutor for the are allegations against the^petitioner respondent/ State would that he is blackmailing the respondent by spreading the comments over the daughter of respondent No.2 in the village. Accordingly, learned counsel prays for dismissal of the Criminal Petition. Considering the submissions made, a fair look at the material placed on record, as rightly put by the learned counsel for the petitioner, the ingredients either to attract the offence under Sections 505 or 506 of I PC are present in the matter. For ready reference. Sections 503 and 506 I PC are extracted 7. hereunder; [505. Statements conducing to public mischief. - ^[(1)] Whoever makes, publishes or circulates any statement, rumour or report. (a) with intent to cause, or which is likely to cause, any officer, soldier, ^ [sailor or airman] in the Army, [Navy or Air Force] ® [of India] to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community. shall be punished with imprisonment which may extend to ^[three years], or with fine, or with both. ^[(2) Statements creating or promoting enmity, hatred or ill-will between classes. Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or illwill between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which or with both. % may extend to three years, or with fine, (3) Offence under sub-section (2) committed in place of worship, etc. Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.] 506. Punishment for criminal intimidation.—Whoever commits the offence of criminal Intimidalion shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 8. So far as the offence under Section the Hon’ble Apex Court in reading of the definition of 506 IPC would indicate that there 506 IPC is concerned, as held by Manik Taneja v. State of Karnataka’^, a bare criminal intimidation”, punishable under Section must be an act of threatening to another person, of causing an injury to the person threatened. person, reputation, or property of the or to the person in whom the threatened person is interested and the threat must be with the intent to cause alarm to the threatened or it must be to do person any act which he is not legally bound to do do. In the present case, except no iota of material to connect the under Section 505 and 506 IPC. or omit to do an act which he is legally entitled to the bald and omnibus allegations, there i Petitioners/Accused No.2, for the offence IS 9. In the back drop of legal position referred material against the petitioner to continuing the supra, absolutely there is no criminal case for the offence (2015) 7 see 423 under Sections 505 and 506 of IPC. In that view of, continuing Criminal Case against the petitioner is mere abuse of process of law. 10. Accordingly, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VENUGOPALA RAO assistant registrar //TRUE COPY// SECTION OFFICER \ To , The I Additional Sessions Judge, SPSR Nellore District 2. one CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] 3. Two CCS to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 1 4. Three CD Copies MV vna high court DATED: 28/02/2025 ORDER CRLP.No.6323 of 2022 * 0IMAY2n?*i ^ C9 ^ . Curreni section . ^ allowing the CRLP