IN THE HIGH COURT OF ANDHRA PRADESH AT AMAI THURSDAY, THE FIRST DAY OF MAY 1 TWO THOUSAND AND TWENTY FIVE PRESENT i--' THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5326 OF 2023 Between: Kesegalla Ranjith, S/o K. Petulaiah, Aged 38 years, R/o D. No. 12-363, Bathalapalli road, Jagajeevan Ram Nagar, Dharmavaram Town, Sri Sathya Sai District. ...Petitioner / Accused No.2 AND 1. The State of Andhra Pradesh, Rep.by the Public Prosecutor, Through SHO, Gadadinne Police Station, Ananthapur District. 2. Tharigopula Narayana Murthy,, S/o late T. Pedda Hanumanthu, Aged 50 years, Tahsildar, Dharmavaram town, Sri Sathya Sai District. ...Respondents praying that in the Petition under Section 482 of Cr.P.C, circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court be pleased to call for the records relating to C.C No 244 of 2017, On the file of Judicial Magistrate of First Class, Dharmavaram, and to pass such other order or orders as this Honourable Court may deem fit and proper in the circumstances of the case and quash the same. I.A. NO: 1 OF 2023 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 stay all further proceedings including arrest of the petitioners in C.C No 244 of 2017, On the file of Judicial Magistrate of First Class, Dharmavaram. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T V JaQQ* Reddy ,Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent. The Court made the following: on o APHC010361152023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH. CRIMINAL PETITION NIQ: 5326/2n?T [3457] n-r-i; N Between: Kesegalla Ranjith ...PETITIONER/ACCUSED AND The State Of A P and Others Counsel for the Petitioner/accused: 1.T V JAGGI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following Order: Heard learned counsel for the petitioner Prosecutor appearing for the State. The learned counsel for the ...RESP0NDENT/C0MPLAINANT(S) and learned Assistant Public 2. petitioner submits that the petitioner on the file of Judicial IS arrayed as accused No.2 in C.C.No.244 of 2017 Magistrate of First Class, Dharmavaram. for alleged offences under Section 409 read with 34 of iPC. It is submitted that the 1>' accused price shop at Dharmavaram, for the past 40 was running a fair years and on a complaint filed by I I 2 the Tahsildar of Dharmavaram, the police have registered a case in Crime No.319 of 2016 alleging offence under Section 409 against the 1®‘ accused. It is submitted that the petitioner has been subsequently implicated as accused No.2 allegedly on the confession of the 1®* accused. The petitioner is the son of the 1®* accused and the fair price shop is on the name of the petitioner. However, the petitioner had only uploaded the 71 ration cards as instructed by the 1®‘accused. 3. The learned counsel for the petitioner submits that the petitioner has only executed the instructions of his father and he is not aware of reasons for uploading the ration cards. It is submitted that the 1®* accused could have committed offence under Section 409 as the agent of the State. The petitioner cannot be considered as an agent for the State as he is nowhere related to the fair price shop or the license in the name of the petitioner. It is submitted that the 1®*.accused passed away on 21.07.2020, as such continuation of crime against the petitioner would yield no meaningful result. As the 1®* accused is no more, offence under Section 409 cannot 4. lie against the petitioner. 5. On these grounds, the C.C.No.244 of 2017 on the file of Judicial Magistrate of First Class, Dharmavaram, against the petitioner herein is hereby quashed. 6. Accordingly, the Criminal Petition is allowed. / 3 As a sequel, miscellaneous applications pending, if any, shall 7. stand closed. SD/- K. J. RAJA BABU ASSISTANT REGISTRAR / //TRUE COPY// SECTfdN OFFICER To, 1. The Judicial Magistrate of First Class, Dharmavararn. 2. The Station House Officer, Garladinne Police Station, Ananthapur District. 3. One CC to Sri. T V Jaggi Reddy, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies PR PRK HIGH COURT DATED:01/05/2025 ORDER CRLP.No.5326 of 2023 ALLOWING THE CRLP