APHC010512322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 660/2025 Between: 1. CHEBOLU SRINIVAS, S/O. CHEBOLU SURYA, AGED ABOUT 47 YEARS, R/O. NO. 204, BHUPATHI VILLA, NEAR BVK SCHOOL,VISALAKSHINAGAR, VISHAKAPATNAM URBAN,VISHAKAPATNAM, ANDHRA PRADESH. ...APELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATHI,THROUGH PATAMATA POLICE STATION,NTR DISTRICT. 2. MUDUNURI KIRAN, S/O. PRASAD, AGED ABOUT 27 YEARS, R/O. NEAR BHAVANI CHICKEN CENTRE, RAMAVARAPPADU, VIJAYAWADA NTR DISTRICT. ...RESPODENT(S): Counsel for the Apellant: 1. SRINIVASA RAO KURETI Counsel for the Respodent(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL No: 660 of 2025 ORDER : The Criminal Appeal is preferred by the appellant/accused No.11 challenging the order, dated 23.06.2025 passed in Crl.M.P.No.911/2025 in Crime No.86/2025 of Patamata Police Station by the learned Court of the Special Judge for Trial of Cases under the SCs & STs (PoA) Act-cum-II Additional District Judge, Vijayawada. 2. Case of the prosecution, in brief, is that the accused No.1 and his followers has been threatening his brother and his family to withdraw the case connected with attack on TDP office, Gannavaram and that his brother has not returned since he left the house in the afternoon hours on 10.02.2025. It is further alleged that the complainant learnt from LW4 and LW5 that the followers of accused No.1 has forcibly took away his brother at around 12.15 noon on 10.02.2025. He apprehended that accused No.1 and his followers might have forcibly took his brother to coerce him to depose falsely before the Court and then to kill him. Basing on the said report, a case in the above crime was registered for the offences punishable under Sections 140(1), 308, 351(3) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(va) and 3(1)(r)(s) of the SCs & STs (PoA) Act, 1989. 3. When the matter is taken up for hearing, none represented on behalf of the petitioner despite the matter was listed under the caption ‘for dismissal’ for advancing arguments. 3 4. This Criminal Appeal is preferred against the impugned order, dated 23.06.2025 passed in Crl.M.P.No.911/2025 in Crime No.86/2025 of Patamata Police Station registered for the offences punishable under Sections 140(1), 308, 351(3) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 3(2)(va) and 3(1)(r)(s) of the SCs & STs (PoA) Act, 1989. It is the contention of the learned Assistant Public Prosecutor that the petitioner herein extended his support to the accused No.1 in detaining the victim in his custody in a guest house at Visakhapatnam. In the decision relied on by the learned Special Public Prosecutor before the trial Court in Shajan Skaria Vs. The State of Kerala and another (Crl.A.No.2622/2024 (SLP (CrL) No.8081/2023 dated 23.08.2024, it was categorically held that when the material on record clearly establishes prima facie case under the SCs & STs (PoA) Act, the bar under Section 18 and 18 A squarely applicable. Therefore, since the order passed by the learned trial Judge is legally sustainable and well-reasoned, this Court does not find any ground to interfere with the same. 5. Accordingly, the Criminal Appeal is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ DR.VENKATA JYOTHIRMAI PRATAPA, J Date: 16.02.2026 ARB 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO:660 of 2025 16.02.2026 ARB