HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI MAIN CASE NO: Crl.P.No.8906 of 2026 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 01. 06.10.2026 MRK, J 1. Heard learned counsel for the petitioners. 2. Learned Assistant Public Prosecutor takes notice on behalf of the respondent No.1 and sought time for obtaining instructions in the lis. 3. Issue notice to unofficial respondent No.2. 4. Learned counsel for the petitioners is permitted to take out personal notice to the unofficial respondent No.2 through Speed Post with acknowledgement due and file proof of service in the Registry. 5. He submits that the very initiation of the complaint is per se contrary to the statutory regime enunciated under Section 195(1)(a)(1) of Cr.P.C. which prescribed that no Court shall take cognizance of any offence punishable under Sections 172 to 188 IPC, except on the “complaint”, in writing, of the public servant concerned or of some other public servant to whom he is administratively subordinate. 6. He also elaborates that the instant case lodged by Mandal Parishad Development Officer, Pileru, are as such, the very institution of the complaint is contrary to the statutory provisions. SL. NO. DATE ORDER OFFICE NOTE 7. He relied upon the well settled legal principles held by this Court in Gade Venkateswara Rao vs. State of Andhra Pradesh and Another, Konidala Siva Sankara Vara Prasad @ Chiranjeevi vs. The State of Andhra Pradesh (Crl.P.No.4633 of 2023) and G.Bhanuprakash vs. The State of A.P. and another (Crl.P.No.149 of 2020 and batch). 8. Considering the facts and circumstances of the case, matter requires consideration after hearing 2nd respondent too. 9. Hence, there shall be an interim stay of all further proceedings in C.C.No.236 of 2024 on the file of the Judicial Magistrate of First Class, Piler, for a period of ten (10) weeks. 10. List the matter along with Crl.P.No.8149 of 2026. _______ MRK, J RMR