APHC010163512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3357/2026 Between: 1. VANKALA APPALA NAIDU, S/O. LATE SIMHADRI, AGED 47 YEARS, R/O. HOUSE DOOR NUMBER.27-4-80/2, OLD KANNAVANIPALEM, NADUPUR POST, GANTYADA, GAJUWAKA, VISAKHAPATNANN- 530044. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Repbyits Public Prosecutor High Court Buildings, High court of Andhra Pradesh at Amarvathi, Guntur District. Through SHO, Devarapalli Police Station Visakhapatnam District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. SINGURU SAI KRISHNA Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the 2 Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash the order dated 05.07.2025 in S.T.C.No.1698 of 2025 against the Petitioner/Accused No.3 passed by the learned Special Judicial Magistrate of Second Class, Chodavaram, Visakhapatnam District (for brevity ‘the learned Trial Court’). 2. Mr. Singuru Sai Krishna, the learned counsel for the Petitioner, submits that the offence alleged under Section 160 of the Indian Penal Code, 1860 (for brevity, ‘the I.P.C.,’), occurred on 02.07.2020, but cognizance was taken in 2025, which is barred under Section 468 ‘the Cr.P.C.’, and therefore the conviction is liable to be set aside. 3. Per contra, Ms.P. Akhila Naidu, the learned Assistant Public Prosecutor, submits that the Petitioner voluntarily admitted guilt before the Magistrate, and once such admission is recorded, the limitation bar cannot be invoked to nullify the conviction, as the proceedings were concluded lawfully. 4. Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor. Perused the record. 5. On perusal of the record, the alleged offence occurred on 02.07.2020. The case was registered as F.I.R. No.473 of 2020 for the offence punishable under Section 160 of ‘the I.P.C.,’ on the file of Devarapalli Police Station, Visakhapatnam District. The Special Judicial Magistrate of Second Class, Chodavaram, Visakhapatnam District, by order dated 05.07.2025, sentenced the Petitioner/Accused to pay a fine of Rs.100/- on admission of guilt for the said offence. However, in view of the bar under Section 468 of ‘the Cr.P.C.,’ 3 which prohibits taking cognizance of such offence beyond three years, the order passed by ‘the learned Trial Court’ is liable to be set aside. Accordingly, the order passed by ‘the learned Trial Court’ is set aside. 6. In the result, the Criminal Petition is allowed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 23.04.2026 PRA 4 62 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.3357 of 2026 Date: 23.04.2026 PRA