APHC010484042025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9788 OF 2025 Between: 1. KOGANTI SIVA SHANKARA RAO, S/o. Sambasiva Rao Occ Advocate Aged about 65 years, R/o. D.No.31 college Sulthanabad, Tenali town, Guntur district Andhra Pradesh. 1. The State of Andhra Pradesh, rep. by it's Pu High Court of A.P at Amaravati 2. B Vishnu Prasad, aged about 56 years, MPDO Tenali, Tenali district Andhra Pradesh. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances state Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.520 of 2024 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9788 OF 2025 1. KOGANTI SIVA SHANKARA RAO, S/o. Sambasiva Rao Occ Advocate Aged about 65 years, R/o. D.No.31-7-10, Near JMJ college Sulthanabad, Tenali town, Guntur district Andhra ...Petitioner AND 1. The State of Andhra Pradesh, rep. by it's Public Prosecutor High Court of A.P at Amaravati 2. B Vishnu Prasad, aged about 56 years, MPDO Tenali, Tenali district Andhra Pradesh. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.520 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KOGANTI SIVA SHANKARA RAO, S/o. Sambasiva Rao Occ 10, Near JMJ college Sulthanabad, Tenali town, Guntur district Andhra ...Petitioner blic Prosecutor 2. B Vishnu Prasad, aged about 56 years, MPDO Tenali, Tenali ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 d in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.520 of 2024 2 On the file of Hon’ble II Additional Junior Civil Court, Tenali and pass IA NO: 1 OF 2025 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 Pleased to dispense with in filing the certified copy of CC.No.520 of 2024 On the file of Hon’ble II Additional Junior Civil Court, Tenali. Pending disposal for the criminal petition and pass IA NO: 2 OF 2025 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 pleased to stay of all further proceedings in C.C.No.520 of 2024 On the file of Hon’ble II Additional junior Civil Court, Tenali, including appearance of the petitioners herein, pending disposal of the Criminal Petition and pass Counsel for the Petitioner: RAYALA BHAGYA RAJA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9788 OF 2025 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking to quash the proceedings in C.C. No.520 of 2024 on the file of the learned II Additional Junior Civil Judge, Tenali. 02. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 03. The petitioner is the sole accused in the above case. The prosecution case, in brief, is that during the 2024 General Elections to Parliament and State Assembly, the petitioner, who belongs to the TDP party, obtained permission from the Returning Officer, 91-Tenali Assembly Constituency and Sub-Collector, Tenali, to set up a temporary party office in Kollipara Mandal subject to compliance with the conditions stipulated under the Model Code of Conduct (MCC). It is alleged that the petitioner set up the said party office near polling stations 255, 256, and 257 situated in MPP School, Kollipara, at a distance of 178 meters, whereas the MCC requires that such offices be located beyond 200 meters from polling stations. On inspection, the Returning Officer instructed that a report be lodged against the petitioner for violation of MCC conditions. Basing on the report, Crime 4 No.64 of 2024 was registered for the offences punishable under Section 188 IPC and Section 131 of the Representation of People Act, 1951. 04. Learned counsel for the petitioner primarily contends that prosecution for the offence under Section 188 IPC is not maintainable in view of the bar under Section 195(1)(a)(i) Cr.P.C. It is argued that only the public servant who promulgated the order, or his superior, is competent to file a complaint before the Court, and in the absence of such a complaint, the proceedings are vitiated and reliance is placed on the judgment of this Court in Criminal Petition No.2001 of 2021, wherein proceedings under Section 188 IPC were quashed on similar grounds. 05. On reading of Section 195(1) Cr.P.C. makes it clear that no Court can take cognizance of an offence punishable under Section 188 IPC except on a complaint in writing by the public servant concerned or his superior. In the present case, no such complaint has been filed by the competent authority who promulgated the order, and the FIR itself was registered on the basis of a police report. Therefore, continuation of prosecution against the petitioner for the offence under Section 188 IPC is unsustainable. 5 06. In view of the above discussion, the Criminal Petition is allowed. The proceedings in C.C. No.520 of 2024 on the file of the learned II Additional Junior Civil Judge, Tenali, is hereby quashed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:18.09.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9788 of 2025 Dt.18.09.2025 7 KKV APHC010484042025 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9788 OF 2025 Between: 1. KOGANTI SIVA SHANKARA RAO, S/o. Sambasiva Rao Occ Advocate Aged about 65 years, R/o. D.No.31 college Sulthanabad, Tenali town, Guntur district Andhra Pradesh. 1. The State of Andhra Pradesh, rep. by it's Pu High Court of A.P at Amaravati 2. B Vishnu Prasad, aged about 56 years, MPDO Tenali, Tenali district Andhra Pradesh. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances state Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.520 of 2024 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9788 OF 2025 1. KOGANTI SIVA SHANKARA RAO, S/o. Sambasiva Rao Occ Advocate Aged about 65 years, R/o. D.No.31-7-10, Near JMJ college Sulthanabad, Tenali town, Guntur district Andhra ...Petitioner AND 1. The State of Andhra Pradesh, rep. by it's Public Prosecutor High Court of A.P at Amaravati 2. B Vishnu Prasad, aged about 56 years, MPDO Tenali, Tenali district Andhra Pradesh. ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.520 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KOGANTI SIVA SHANKARA RAO, S/o. Sambasiva Rao Occ 10, Near JMJ college Sulthanabad, Tenali town, Guntur district Andhra ...Petitioner blic Prosecutor 2. B Vishnu Prasad, aged about 56 years, MPDO Tenali, Tenali ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 d in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.520 of 2024 2 On the file of Hon’ble II Additional Junior Civil Court, Tenali and pass IA NO: 1 OF 2025 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 Pleased to dispense with in filing the certified copy of CC.No.520 of 2024 On the file of Hon’ble II Additional Junior Civil Court, Tenali. Pending disposal for the criminal petition and pass IA NO: 2 OF 2025 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 pleased to stay of all further proceedings in C.C.No.520 of 2024 On the file of Hon’ble II Additional junior Civil Court, Tenali, including appearance of the petitioners herein, pending disposal of the Criminal Petition and pass Counsel for the Petitioner: RAYALA BHAGYA RAJA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9788 OF 2025 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking to quash the proceedings in C.C. No.520 of 2024 on the file of the learned II Additional Junior Civil Judge, Tenali. 02. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 03. The petitioner is the sole accused in the above case. The prosecution case, in brief, is that during the 2024 General Elections to Parliament and State Assembly, the petitioner, who belongs to the TDP party, obtained permission from the Returning Officer, 91-Tenali Assembly Constituency and Sub-Collector, Tenali, to set up a temporary party office in Kollipara Mandal subject to compliance with the conditions stipulated under the Model Code of Conduct (MCC). It is alleged that the petitioner set up the said party office near polling stations 255, 256, and 257 situated in MPP School, Kollipara, at a distance of 178 meters, whereas the MCC requires that such offices be located beyond 200 meters from polling stations. On inspection, the Returning Officer instructed that a report be lodged against the petitioner for violation of MCC conditions. Basing on the report, Crime 4 No.64 of 2024 was registered for the offences punishable under Section 188 IPC and Section 131 of the Representation of People Act, 1951. 04. Learned counsel for the petitioner primarily contends that prosecution for the offence under Section 188 IPC is not maintainable in view of the bar under Section 195(1)(a)(i) Cr.P.C. It is argued that only the public servant who promulgated the order, or his superior, is competent to file a complaint before the Court, and in the absence of such a complaint, the proceedings are vitiated and reliance is placed on the judgment of this Court in Criminal Petition No.2001 of 2021, wherein proceedings under Section 188 IPC were quashed on similar grounds. 05. On reading of Section 195(1) Cr.P.C. makes it clear that no Court can take cognizance of an offence punishable under Section 188 IPC except on a complaint in writing by the public servant concerned or his superior. In the present case, no such complaint has been filed by the competent authority who promulgated the order, and the FIR itself was registered on the basis of a police report. Therefore, continuation of prosecution against the petitioner for the offence under Section 188 IPC is unsustainable. 5 06. In view of the above discussion, the Criminal Petition is allowed. The proceedings in C.C. No.520 of 2024 on the file of the learned II Additional Junior Civil Judge, Tenali, is hereby quashed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:18.09.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9788 of 2025 Dt.18.09.2025 7 KKV