APHC010009192026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. N MEGHA SHYAM VENKATESH YADAV ALIAS N MEGHA SHYAM VENKATESH YADAV, S/O LATE NEELANTHI SANYASI RAO, AGED ABOUT 29 YEARS,R/O DOOR NO. 61 VENKANNAPALEM,VISAKHAPATNAM, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE STATION HOUSE OFFICER,IV TOWN POLICE STATION,VISAKHAPATNAM COMMISSIONERATEREPRESENTED THROUGH PUBLIC PROSECUTOR,THE HIGH COURT FOR THE STATE OF ANDHRA PRADESH,AMARAVATI. 2. JOINT COMMISSIONER OF LABOUR, VI RAMARAO,S/O NARAYANA, AGED ABOUT 59 YEARS.HAVING OFFICE AT VISAKHAPATNAM COMMISSIONERATE,ANDHRA PRADESH. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstanc Criminal Petition, the High Courtpleased stay all further steps in relation to the Impugned FIR dated 20.02.2025 bearing F.I.R. No. 39 of 2025 on the file of the IV Town Police Station, Visakhapatnam Commission IA NO: 1 OF 2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 155/2026 N MEGHA SHYAM VENKATESH YADAV ALIAS N MEGHA SHYAM VENKATESH YADAV, S/O LATE NEELANTHI SANYASI RAO, AGED ABOUT 29 YEARS,R/O DOOR NO. 61 VENKANNAPALEM,VISAKHAPATNAM, ANDHRA PRADESH ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE STATION HOUSE OFFICER,IV TOWN POLICE STATION,VISAKHAPATNAM COMMISSIONERATEREPRESENTED THROUGH PUBLIC PROSECUTOR,THE HIGH COURT FOR THE STATE OF ANDHRA PRADESH,AMARAVATI. JOINT COMMISSIONER OF LABOUR, VISAKHAPATNAM,MR. MATA RAMARAO,S/O NARAYANA, AGED ABOUT 59 YEARS.HAVING OFFICE AT VISAKHAPATNAM COMMISSIONERATE,ANDHRA ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased stay all further steps in relation to the Impugned FIR dated 20.02.2025 bearing F.I.R. No. 39 of 2025 on the file of the IV Town Police Station, Visakhapatnam Commissionerate, and to pass IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA N MEGHA SHYAM VENKATESH YADAV ALIAS N MEGHA SHYAM VENKATESH YADAV, S/O LATE NEELANTHI SANYASI RAO, AGED ABOUT 29 YEARS,R/O DOOR NO. 61-6-10/1, VENKANNAPALEM,VISAKHAPATNAM, ANDHRA PRADESH - 530011 ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE STATION HOUSE OFFICER,IV TOWN POLICE STATION,VISAKHAPATNAM COMMISSIONERATEREPRESENTED THROUGH PUBLIC PROSECUTOR,THE HIGH COURT FOR THE SAKHAPATNAM,MR. MATA RAMARAO,S/O NARAYANA, AGED ABOUT 59 YEARS.HAVING OFFICE AT VISAKHAPATNAM COMMISSIONERATE,ANDHRA ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS es stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased stay all further steps in relation to the Impugned FIR dated 20.02.2025 bearing F.I.R. No. 39 of 2025 on the file of erate, and to pass Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to dispense with filing of the original certified copy in F.I.R. No. 39 of 2025, Dated 20.02.2025 on the file of the IV Town Police Station, Visakhapatnam Commissionerate before this Hon’ble Court and pass IA NO: 2 OF 2026 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased Pleased stay all further steps in relation to the impugned FIR dated 20.02.2025 bearing F.I.R. No. 39 of 2025 on the file of the IV Town Police Station, Visakhapatnam Commissionerate, and to pass Counsel for the Petitioner/accused: 1. C SUMON Counsel for the Respondent/complainant(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, “the Cr.P.C.”) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “the BNSS”), seeking to quash the order the proceedings in FIR No.39 of 2025 on the file of the IV Town Police Station, Visakhapatnam Commissionarate, for the alleged offense punishable under Section 319(2), 318(4), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard Sri C.Summon, learned counsel for the petitioner, and learned Assistant Public Prosecutor, appearing on behalf of the State. 3. Learned counsel for the petitioner would submit that the allegations in the impugned FIR and the departmental enquiry are identical. He submits that a full-fledged departmental enquiry was conducted and the petitioner was exonerated on merits by enquiry report dated 13.08.2025, which was accepted by the competent authority. The learned counsel would further submits that the petitioner was reinstated and his suspension period was regularized as duty, and that the de-facto complainant department itself addressed a letter to the police expressing willingness to withdraw the complaint. The learned counsel for the petitioner would submit that continuation of the criminal proceedings would amount to abuse of process of law. 4. Learned Assistant Public Prosecutor would submit that the allegations in the FIR disclose cognizable offences and the investigation is still at a preliminary stage. She further submits that the departmental proceedings and criminal prosecution operate in different fields and exoneration in departmental enquiry does not automatically warrant quashing of criminal proceedings. She therefore prays that the petition may be dismissed. 5. Having considered the submissions and a fair look at the material on record, this Court finds that the departmental enquiry and the criminal proceedings arise out of the same set of allegations. The petitioner has been exonerated on merits and the complainant department itself has sought withdrawal of the complaint. In view of the law laid down by the Hon’ble Supreme Court in Ashoo Surendranath Tewari v. CBI, (2020) 9 SCC 636, continuation of criminal proceedings in such circumstances would amount to abuse of process of law. 6. Accordingly, the Criminal Petition is allowed and the proceedings in FIR No.39 of 2025 on the file of the IV Town Police Station, Visakhapatnam Commissionerate, is hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.01.2026 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 155/2026 Dated 07.01.2026 KKV 278 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 155/2026 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 07.01.2026 Dr.VJP,J The Criminal Petition is allowed. (vide separate order) ________ Dr.VJP,J KKV