APHC010334962021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 5229/2021 Between: 1. KONETI HARI VENKATA RAMANA @ KONETI HARI RAYAL, S/O. KONETISIDDAIAH, AGED ABOUT 36YRS, OCC. SOCIAL REFORMER,R/O. 2/392-1, SASTRI NAGAR, AKKAYAPALLI, CUDDAPAH DISTRICT, ANDHRA PRADESH - 516 003. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. THROUGH SHO OF BADVEL (URBAN) POLICE STATION, YSR KADAPA DISTRICT, 2. M SRINIVASULU, S/O.NOT KNOWN, AGED ABOUT 32YRS, R/O. WARD-I, MIDDELAPALEM, BADVEL,YSR KADAPA DISTRICT, ANDHRA PRADESH. ...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 Courtto quash the proceedings against the Petitioner/Accused No.7 in FIR.No.311/2021, dated. 29/08/2021 of Badvel (U) Police Station, YSR Kadapa District and pass IA NO: 1 OF 2021 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 with the filing of the FIR in Crime.No.311/2021of Budvel (Urban) Police Station, YSR Kadapa District IA NO: 2 OF 2021 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 of all further proceedings including arrest of the Petitioner/Accused No.7 in Crime.No.311/2021of Budvel (Urban) Police Station, YSR Kadapa District and pass Counsel for the Petitioner/accused: 1. Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’) by the Petitioner/Accused seeking to quash the proceedings against Petitioner/Accused No.7 in Crime No.311 of 2021 of Badvel Urban Police Station, Y.S.R. Kadapa District. 2. Today, when the matter was taken up for hearing, there is no representation for the petitioner and respondent No.2 3. The prima facie issue in this case is that the Station House Officer, Badvel, has registered a case under Section 107 of the Code of Criminal Procedure. It is settled that there is no provision under the Cr.P.C. to register a case under Section 107, as it relates to preventive measures and not cognizable offences. Consequently, no FIR can be registered under Section 107 Cr.P.C. 4. In view of the above, the registered FIR is legally unsustainable and is liable to be quashed. 5. Accordingly, the Criminal Petition is allowed and Crime No. 311 of 2021 of Badvel Urban Police Station, Y.S.R. Kadapa District is hereby quashed. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 27.02.2026 JLSR