APHC010590262023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9903/2023 Between: 1. MADDALI MANI CHANDAN KRISHNA KUMAR, S/O SIVA PRASAD, AGED 27 YEARS, R/O. DOOR NO. 24-13-74(A), UNDAVALLI VARI STREET, GANDHI NAGAR, VIJAYAWADA. 2. NELLIBANDLA MAHESH, S/O SHOWRI RAJU, R/O DOOR NO. 41- 1/8-32, 3RD LANE, GOWTHAMI NAGAR, KRISHNA LANKA, VIJAYAWADA. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, ONE TOWN POLICE STATION, VIJAYAWADA, KRISHNA DISTRICT. REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. BHARGAVA RAJU MANTHINA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of Cr.P.C has been filed by the Petitioners / Accused Nos.4 & 5, seeking quashment of the proceedings against them in C.C.No.2695 of 2023 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada for the offences under Sections 188 and 420 IPC and Section 3 of Epidemic Diseases Act. 2 2. Heard Sri P.Sai Avinash, leaned counsel representing Sri Bhargava Raju Manthina, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State. 3. Learned counsel for the Petitioners would submit that, even according to the case of the Prosecution, Accused No.4 has purchased Remidesivir injections for his father, who was suffering from Covid-19. Learned counsel would further submit that, the allegation that after using 4 injections, Accused No.4 has sold away two injections in black market, is not correct. It is further submitted that, absolutely there are no ingredients to attract the offences alleged against the Petitioners / Accused Nos.4 and 5. Learned counsel would further submit that, in view of the bar under Section 195 Cr.P.C, cognizance cannot be taken for the offence under Section 188 IPC. 4. Learned Assistant Public Prosecutor would submit that there are specific allegations against the Petitioners to attract the alleged offences and it is not a fit case for quashment. 5. In the instant case, it is alleged that, Petitioner / Accused No.4 accompanied by Petitioner / Accused No.5, sold the Remidesivir Injections in black market during Covid-19 period. As seen from the record, the case was registered for the offences punishable under Sections 188 and 420 IPC and Section 3 of Epidemic Diseases Act. As rightly put by the learned counsel for the Petitioners, a bare perusal of Section 195 Cr.P.C makes it clear that, to prosecute a person for the offence punishable under Section 188 IPC, a 3 complaint has to be made by the concerned officer, whose order was violated. Whereas, the instant complaint was not filed by any such officer. 6. To hold a person guilty of the offence of cheating, it has to be shown that his intention was dishonest at the time of making the promise. Even if the allegations made in the complaint are taken at their face value and accepted in their entirety, they do not prima facie constitute any offence either under Section 420 IPC or under Section 3 of Epidemic Diseases Act. In such circumstances, this Court is of the view that there are no tenable grounds to continue the proceedings against the Petitioners and as such, the same are liable to be quashed. 7. Accordingly, the Criminal Petition is allowed and the proceedings against the Petitioners / Accused Nos.4 and 5 in C.C.No.2695 of 2023 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada for the offences under Sections 188 and 420 IPC and Section 3 of Epidemic Diseases Act.. Pending miscellaneous petitions, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:18.11.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9903 of 2023 Dt.18.11.2025 Dinesh