1 APHC010536752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10439/2025 Between: 1. JAKKAMPUDI VIJAYA LAKSHMI, W/O. RAM MOHANA RAO, AGED ABOUT 57 YEARS, OCC HOUSE WIFE R/O. D.NO.86-10-4/1, TILAK ROAD, VADREVU NAGAR, RAJAHMUNDRY, EAST GODAVARI DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY PUBLIC PROSECUTOR HIGH COURT OF A.P., AMARAVATI 2. K SRINIVASARAO, S/O. NOT KNOWN TO PETITIONER OCC SUB INSPECTOR OF POLICE, KADIYAM POLICE STATION, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. YASWANTH GADE Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of the BNSS has been filed, by the petitioner, seeking quashment of the proceedings against her in C.C.No.05 of 2018 on the file of the Court of Spl.JSC Magistrate for Railways Rajahmundry, for the offence under Section 188 of the IPC. 2. Heard Sri G.Yaswanth, learned counsel for the petitioner and Ms.D.Prasanna Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the Order passed by this Court in 2 Criminal Petition No.459 of 2020, dated 09.11.2023, wherein this Court held as follows. “10. It is apt to mention that there is a statutory bar under Section 194 (1) (a) (1) Cr.P.C. to take cognizance of the offence punishable under Section 188 of IPC basing on the charge sheet. It is beneficial to extract Section 195 (1) (a) (1) of Cr.P.C. “Section 195(1) in The Code Of Criminal Procedure, 1973 (1) No Court shall take cognizance- (a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860 ), or (ii) of any abetment of, or attempt to commit, such offence, or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; (b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860 ), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or (ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub- clause (i) or sub- clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.” 3 11. In the light of the language employed in the legal provisions referred supra, it is vivid that there is a clear bar under Section 195 (1) (a) (1) of Cr.P.C. for taking cognizance of any offences punishable under Sections 172 to 188 of IPC, except on the complaint, in writing, of the Public Servant concerned or of some other Public Servant to whom he is administratively subordinate. At this juncture, it is relevant to understand what is complaint as per the Criminal Procedure Code. Section 2 (d) of Cr.P.C. is hereby extracted for quick reference: “(d) " complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;” 12. Admittedly, in the present case, without there being a complaint by the authority concerned, the learned Magistrate has taken cognizance of the offence punishable under Section 188 of IPC basing on a charge sheet filed by the police, which is in utter violation of Section 195 1 (a) (1) of Cr.P.C. 13. In catena of decisions, a coordinate bench of this Court in Crl.P.No.4633 of 2023, Crl.P.No.5323 of 2009, 3670 of 2013, 8597 of 2018 and 9236 of 2018 clearly held that the Police are not empowered to investigate into the offence punishable under Section 188 of IPC and file charge sheet basing on a police report. In the case on hand, since the Court has taken cognizance of the offence based on the charge sheet filed by the Police, the procedure adopted is not in accordance with law, continuation of the proceedings against the petitioner for the offence under Section 188 of IPC would amount of abuse of process of the Court.” 4 4. Hence, following the said Order passed by this Court in Criminal Petition No. 459 of 2020, dated 09.11.2023, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the petitioner/accused in C.C.No.05 of 2018 on the file of the Court of Spl. JSC Magistrate for Railways, Rajahmundry, for the offence under Section 188 IPC. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 09.10.2025 Asr 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10439 of 2025 Dt.09.10.2025 Asr