APHC010618872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12127/2025 Between: 1. SHAIK SHAMEER BHASHA, S/O. LATE S.JALEEL,AGED ABOUT 30 YEARS, DR.NO. 24-137-A,GANI GALLI STREET, KURNOOL POST,KURNOOL DISTRICT, PIN .518001. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, CAC THROUGH DEPUTY SUPDT. OF POLICE,ANTI CURRUPTION BEREAU, KURNOOL REGION, KURNOOL HIGH COURT FOR THE STATE OF ANDHRA PRADESH,AMARAVATHI. 2. SHAIK MAHABOOB ALI, LATE S/O. LATE S.MAMMAD HANEEF,SUB. REGISTRAR, KURNOOL, R/O. H.NO. 43-175, LAKSHMI SCHOOL BANK,NR PETA, KURNOOL TOWN. ...RESPONDENT/COMPLAINANT(S): 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 Court pleased to call for the records in CC.No.2 of 2023 on the file of the Hon’ble Spl. Judge for trail of SPE and ACB cases, Kurnool and quash the same against the accused No.A2/ petitioner as the same is illegal, arbitrary and contrary to the notion of the human dignity and abuse of process of Law 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 to grant stay of all further proceedings against petitioner/Accused.No.A2 in CC.No.2 of 2023 on the file of the Hon’ble Spl. Judge for trail of SPE and ACB cases, Kurnool, pending disposal of the above criminal petition and pass Counsel for the Petitioner/accused: 1. MEDIDA SUBBA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12127 OF 2025 ORDER: The present petition is filed under Sec. 528 of Bharathiya Nagarik Suraksha Sanhitha, 2023 seeking quash of proceedings against the petitioner/Accused No.2 in CC.No. 2 of 2023, pending on the file of learned Spl. Judge for Trial of SPE and ACB Cases, Kurnool, registered for the offences under Sections 7 and 12 of Prevention of Corruption (Amendment) Act, 2018. 2. Heard Sri. M. Subba Rao, learned counsel for petitioner and learned Public Prosecutor for ACB, on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner is a private computer operator in Sub-Registrar Office, Kurnool and it is alleged against the petitioner that he collected bribe of Rs. 5,000/- from the Respondent No. 2 upon the instructions of Accused No.1, who is the Sub- Registrar. Learned counsel would submit that the Accused No.1, who is the prime accused in the case is no more and the case against A1 is abated. Learned counsel would submit that since the case against A1 is abated, the case against the petitioner would not be maintainable and the same is liable to quashed. 4. Learned Public Prosecutor for ACB would submit that the ACB officials recovered cash from the pocket of petitioner and the petitioner stated that he received amount from the 2nd Respondent on instructions of his superior i.e. A1. Learned Public Prosecutor would finally submit that the petitioner played an active role in the offences and prays for dismissal of the petition. 5. Considering the submissions made and perusal of material placed on record, it is alleged that the petitioner acting on the instructions of Accused No.1, received bribe of Rs.5,000/- from the Respondent No.2. Unfortunately, the Accused No.1 died and the case against him is abated but it cannot be a ground to quash the proceedings against the petitioner. There is enough material placed against the petitioner to proceed with trial and the Trial Court has taken cognizance of the offences. This court is of considered opinion that it is not a fit case for quashment and deserves dismissal. In that view, the petition is dismissed. However, the petitioner is at liberty to raise all his contentions, in his defence before the Trial Court and the Trial Court may appreciate the same, in accordance with law. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 24.11.2025 SNI 163 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.12127 of 2025 Dt. 24.11.2025 SNI