APHC010337152026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 13 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5393/2026 Between: 1. K NIRMALA BABU, S/O NAGESWARA RAO,AGED ABOUT 67 YEARS,OCC DEPUTY EXECUTIVE ENGINEER RETIRED5 COLLEGE ROAD,TENALI, GUNTUR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, ,REP. BY PUBLIC PROSECUTOR,HIGH COURT OF A.P. AMARAVATHI. 2. ANTI CORRUPTION BUREAU, ACB,REP BY.ITS. RANGE INSPECTOR-1VIJAYAWADA RANGE, VIJAYAWADA, NTR DISTRICT. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorand Criminal Petition, the High Court the file of Special Judge for SPE & petitioner/Accused No. 12 under section 13(2) read with 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 418, 420 and 477 IPC, in the interest of justice and to prevent abuse of process of court, and pass IA NO: 1 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, High Court may be pleased IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5393/2026 BABU, S/O NAGESWARA RAO,AGED ABOUT 67 YEARS,OCC DEPUTY EXECUTIVE ENGINEER RETIRED5 COLLEGE ROAD,TENALI, GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, ,REP. BY PUBLIC PROSECUTOR,HIGH COURT OF A.P. AMARAVATHI. ANTI CORRUPTION BUREAU, ACB,REP BY.ITS. RANGE 1VIJAYAWADA RANGE, VIJAYAWADA, NTR DISTRICT. ...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 pleased quashing the C.C.No.15 of 2013 on ile of Special Judge for SPE & ACB Cases, Vijayawada against the petitioner/Accused No. 12 under section 13(2) read with 13(1)(c) and 13(1)(d) tion of Corruption Act, 1988 and Sections 418, 420 and 477 IPC, in the interest of justice and to prevent abuse of process of court, and Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the in the Memorandum of Grounds of Criminal Petition, High Court may be pleased to dispense with certified copy of C.C.No. IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM BABU, S/O NAGESWARA RAO,AGED ABOUT 67 YEARS,OCC DEPUTY EXECUTIVE ENGINEER RETIRED5-1-36, VSR ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, ,REP. BY PUBLIC ANTI CORRUPTION BUREAU, ACB,REP BY.ITS. RANGE 1VIJAYAWADA RANGE, VIJAYAWADA, NTR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS um of Grounds of quashing the C.C.No.15 of 2013 on ACB Cases, Vijayawada against the petitioner/Accused No. 12 under section 13(2) read with 13(1)(c) and 13(1)(d) tion of Corruption Act, 1988 and Sections 418, 420 and 477-A IPC, in the interest of justice and to prevent abuse of process of court, and Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the in the Memorandum of Grounds of Criminal Petition, the dispense with certified copy of C.C.No.15 of 2 MRK,J Crl.P.No.5393 of 2026 2013 on the file of Special Judge for SPE & ACB Cases, Vijayawada, 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 to stay all further proceedings the C.C.No.15 of 2013 on the file of Special Judge for SPE & ACB Cases, Vijayawada against the petitioner/Accused No.12, including appearance of the petitioner, pending disposal of the Criminal petition, and pass Counsel for the Petitioner/accused: 1. KRUPACHAND GOGINENI Counsel for the Respondent/complainant(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB 3 MRK,J Crl.P.No.5393 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A12) seeking to quash the charge sheet in C.C.No.15 of 2013 on the file of the Special Judge for SPE & ACB Cases, Vijayawada, wherein he was charged with the offences punishable under Section 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988. 2. Heard learned counsel for the petitioner and Mr. S.Syam Sunder Rao, learned Standing Counsel-cum-Special Public Prosecutor for ACB appearing on behalf of respondents. 3. Learned counsel for the petitioner advanced arguments on various aspects of the matter. 4. Per contra, the learned Standing Counsel-cum-Special Public Prosecutor for ACB raised a preliminary objection regarding the maintainability of the present quash petition on the ground that the petitioner had earlier filed a petition under Section 239 of the Code of Criminal Procedure i.e., Crl.M.P.No.507 of 2015 in C.C.No.15 of 2013 on the file of the Special Judge for SPE & ACB Cases-cum-III Additional District Judge, Vijayawada, seeking discharge, and the same was dismissed. Instead of challenging the said order by filing a Criminal Revision Case, the petitioner has filed the present quash petition. Therefore, the present Criminal Petition is not maintainable. 4 MRK,J Crl.P.No.5393 of 2026 5. In reply, the learned counsel for the petitioner submits that, in the very same C.C.No.15 of 2013, A5 and A6 also filed discharge petitions before the trial Court, which were dismissed. Aggrieved thereby, they preferred Crl.R.C.Nos.1022 and 1042 of 2022 before this Court, and this Court, by order dated 11.02.2026, allowed the revisions after considering the facts of the case and the legal position. 6. At this stage, the learned counsel for the petitioner fairly submits that he would advise the petitioner to challenge the order dated 06.10.2022 passed in Crl.M.P.No.507 of 2015 in C.C.No.15 of 2013. 7. In view of the above facts and circumstances, the Criminal Petition is dismissed. However, the petitioner is at liberty to challenge the order dated 06.10.2022 in accordance with law. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 13.07.2026 MDP