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2026 DAILYLAW 9235 (AP)

CHEEMALAKUNTA SAI v. THE STATE OF ANDHRA PRADESH

CRLP/8224/2023 · 2026-09-06

Sunitha Gandham

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 07-09-2026 Date of uploading : 08-09-2026 APHC010529862023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 8224/2023 Between: 1. CHEEMALAKUNTA SAI, S/O LATE CH.RAMALINGAM, AGED ABOUT 58 YEARS, WORKING AS EXECUTIVE OFFICER GR I BODAPADU GROUP TEMPLE, BODAPADU VILLAGE, PENTAPADU MANDAL, W.G.DISTRICT, AP. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ANTI-CORRUPTION BUREAU, VIJAYAWADA RANGE, KRISHNA DISTRICT, AP THROUGH THE SPECIAL PUBLIC PROSECUTOR(ACB), HIGH COURT OF A.P. AT AMARAVATHI. 2. B SRINIVAS, WORKING AS INSPECTOR OF POLICE, ACB POLICE STATION, VIJAYAWADA RANGE, GOLLAPUDI, KRISHNA DISTRICT, A.P. ...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 to quash the criminal proceedings initiated against the petitioners vide Crime No. 8/RCA-ACB-VJA/2017 under 13(2) r/w 13(1)(e) of PC Act by the Inspector of Police, Anti-Corruption Bureau, AP, Vijayawada Range, Krishna District, AP by invoking its jurisdiction under section 482 of Criminal Procedure Code, holding that the 2 SUN, J Crlp_8224_2023 continuation of Criminal proceedings as against the Petitioners would be abuse of process of court, and pass IA NO: 1 OF 2023 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 certified copy of the complainant/application in Crime No. 8/ RCA- ACB- VJA/ 2017 against the petitioner under 13(2) r/w 13(1)(e) of PC Act by the Inspector of Police, Anti- Corruption Bureau, AP, Vijayawada Range, Krishna District , in the interest of justice, pending disposal of the above criminal petition, and pass IA NO: 2 OF 2023 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 initiated in Crime No. 8/RCA-ACB-VJA/2017 against the petitioner under 13(2) r/w 13(1)(e) of PC Act by the Inspector of Police, Anti-Corruption Bureau, AP, Vijayawada Range, Krishna District, AP including the presence of the petitioner, in the interest of justice, and pass IA NO: 1 OF 2024 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 vacate the interim order dated 19-10-2023 in IA No. 2 of 2023 passed in CRLP No. 8224 of 2023 and pass Counsel for the Petitioner/accused: 1. N BHARAT BABU Counsel for the Respondent/complainant(S): 1. S.SYAM SUNDER RAO SC cum Spl P.P. For ACB The Court made the following: 3 SUN, J Crlp_8224_2023 THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM CRIMINAL PETITION No. 8224 OF 2023 ORDER: This Criminal Petition is filed to quash the proceedings dated 03.06.2017 initiated against the petitioner vide Crime No.8/RCA-ACB- VJA/2017 under 13 (2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988 by the Inspector of Police, Anti-Corruption Bureau, AP, Vijayawada Range, Krishna District. 2. Learned Special Public Prosecutor for CBI submitted that feeling aggrieved by the judgment dated 01.08.2025 passed by the Coordinate bench of this Court in Crl.P. No.3955 of 2021 and batch, on the ground of jurisdiction, they preferred Criminal Appeal @ SLP (Criminal) Nos.14321-14333 of 2025 and in which the Hon’ble Apex Court set-aside the order passed by the Coordinate bench of this Court with certain observations and as such, this Criminal petition may be dismissed as infructuous. 3. Learned counsel for the petitioner also submitted that this Criminal Petition may be disposed of by giving direction to the investigating officer to follow the directions of the Hon’ble Apex Court in Criminal Appeal @ SLP (Criminal) Nos.14321-14333 of 2025. 4. As seen from the record, previously this matter is posted along with Crl.P. No.3955 of 2021 and batch and as per the order dated 01.08.2025, coordinate bench of this Court allowed the said quash petitions filed by the 4 SUN, J Crlp_8224_2023 petitioners therein and feeing aggrieved by the said order, respondent/ Joint Director (Rayalaseema) Anti-Corruption Bureau, AP and another filed Criminal Appeals @ SLP (Criminal) Nos.14321-14333 of 2025 and while allowing the same, Hon’ble Apex Court observed thus: “1. The impugned judgments stands set aside and the appeals stand allowed. 2. The appellant(s) are at liberty to proceed with the investigation. 3. The final reports are to be filed within a period of six months from the date of receipt of a copy of this judgment. 4. The appellant(s) shall not take any coercive steps by way of arresting the respondents herein. 5. The respondents herein shall cooperate with the expeditious conclusions of the investigation. 6. The High Court shall not entertain any more challenge to the FIRs or the pending investigation.” 5. It is needless to say that the investigating officer must follow the aforesaid directions of Hon’ble Apex Court so as to proceed further, complete investigation and file final report. 6. Recorded the submissions of the learned counsel for the petitioner and learned Special Public Prosecutor for CBI. 7. Therefore, the Criminal Petition is dismissed as infructuous in view of the judgment of Hon’ble Apex Court. 5 SUN, J Crlp_8224_2023 As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. ________________________ SUNITHA GANDHAM, J 07.09.2026 knl