APHC010239952022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 3623/2022 Between: 1. GADDAM VANI @ MOUNIKA REDDY, W/O MOHAN REDDY, AGED ABOUT 42 YRS, R/O. VELIKALLU VILLAGE, DAKKALI MANDAL, SPSR NELLORE DISTRICT. 2. SOUDEPALLI MOHAN REDDY, S/O JANAKI RAMAIAH, AGED ABOUT 49 YRS, R/O. VELIKALLU VILLAGE, DAKKILI MANDAL, SPSR NELLORE DISTRICT. 3. SOUDEPALLI PAWAN KUMAR, S/O JANAKI RAMAIAH, AGED ABOUT 37 YRS, VELIKALLU VILLAGE, DAKKILI MANDAL, SPSR NELLORE DISTRICT. 4. CHELIKAM SRINIVASA REDDY, S/O VENKATA REDDY, AGED ABOUT 40 YRS, VELIKALLU VILLAGE, DAKKILI MANDAL, SPSR NELLORE DISTRICT. 5. KALUPUDU SUBRHMANAYAM REDDY, W/O POLI REDDY, AGED ABOUT 48 YRS, VELIKALLU VILLAGE, DAKKILI MANDAL, SPSR NELLORE DISTRICT. 6. CHELIKAM VENKATA REDDY, S/O BAKKI REDDY, AGED ABOUT 46 YRS, VELIKALLU VILLAGE, DAKKILI MANDAL, SPSR NELLORE DISTRICT. 7. MAIBOYINA SRAVAN @ SRAVAN KUMAR, S/O GURAVAIAH, AGED ABOUT 42 YRS, CHINNAPPA REDDIPALLI VILLAGE, VENKATAGIRI MANDAL, SPSR NELLORE DISTRICT. 8. TAMATAM MANI, S/O CHINNAIAH, AGED ABOUT 56 YRS, SOUTH STREET, VENKATAGIRI TOWN, SPSR NELLORE DISTRICT ...PETITIONER/ACCUSED(S) A N D 1. TIRUMALAREDDY VASUDARA, W/O. GALI REDDY, AGED ABOUT 58 YEARS, OCC. MPDO, DAKKILI (ASSISTANT SRK, J Crl.P.No.3623 of 2022 2 DISTRICT ELECTION OFFICER) R/O. DAKKILI MANDAL, SPSR NELLORE DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...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 Court may be pleased to quash the proceedings against the petitioners/accused No. 1 to 8 in C.C. No. 267/2021 on the file of Judicial Magistrate of First Class, Venkatagiri, SPSR Nellore District and to pass such IA NO: 1 OF 2022 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 to dispense C.C. No. 267/2021 on the file of Judicial Magistrate of First Class, Venkatagiri, SPSR Nellore District and to pass such IA NO: 2 OF 2022 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 to stay all further proceedings against the petitioners/accused No. 1 to 8 in C.C. No. 267/2021 on the file of Judicial Magistrate of First Class, Venkatagiri, SPSR Nellore District and pass such Counsel for the Petitioner/accused(S): 1. D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. The Court made the following: SRK, J Crl.P.No.3623 of 2022 3 O R D E R This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of petitioners/ accused Nos.1 to 8, to quash the proceedings in Calendar Case No.267 of 2021 against the petitioners/accused Nos.1 to 8 pending on the file of the Judicial Magistrate of First Class, Venkatagiri for the offences punishable under Sections 188, 353 and 506 read with 34 of the Indian Penal Code, 1860. 2. Learned counsel for the petitioners/accused Nos.1 to 8, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner Nos.1, 3 to 8/accused Nos.1, 3 to 8 before the trial Court. 3. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made in the report filed by 1st respondent/aggrieved person against the petitioners herein/accused Nos.1 to 8, and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. 4. Heard. Perused the record. 5. Since there are specific accusations that have been made as against the petitioners/accused Nos.1 to 8 in the petition, SRK, J Crl.P.No.3623 of 2022 4 which are all disputed questions of fact, truth or otherwise of the same can be decided during the course of trial. This Court, in a petition filed under Section 482 CrPC, would not be in a position to conduct a roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners/accused Nos.1 to 8. However, presence of the petitioner Nos.1, 3 to 8/accused Nos.1, 3 to 8 before the trial Court is dispensed with, except on those dates when the trial Court feels that their presence is necessary. 7. Accordingly, the Criminal Petition is disposed of. 8. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. JUSTICE K. SREENIVASA REDDY 16th March, 2026. DNB