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2021 Supreme(AP) 1027

CHEEKATI MANAVENDRANATH ROY
Dammalapati Srinivas – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A. P. – Respondent


Advocates Appeared:
For the Petitioners: Sri Siddarth Luthra, Learned senior counsel, for Sri Ginjupalli Subba Rao, Sri Posani Venkateswarlu, Sri M. Lakshmi Narayana, Sri Vimala Varma Vasireddy, and Smt. S. Pranathi, learned counsel.
For the Respondents:Learned Advocate-General for Smt. A. Gayathri Reddy, learned Standing Counsel for ACB-cum-Special Public Prosecutor Learned Govt. Pleader for Home; Sri O. Kailashnath Reddy, and Sri Inakollu Venkateswarlu.

ORDER :

1. The two Writ Petitions and the six Criminal Petitions are filed under Article 226 of the Constitution of India and under Section 482 Cr.P.C. respectively seeking quash of the common F.I.R. in Crime No.08/RCO-ACB-GNT/2020 of A.C.B. Police Station, Guntur, registered against the petitioners for the offences punishable under Sections 13(1)(d)(ii) r/w.13(2) of the Prevention of Corruption Act, 1988 (for short, the “P.C. Act”) and under Sections 409, 420 r/w.120-B of IPC.

2. The petitioner in W.P.No.16468 of 2020 is accused No.1 and the petitioner in W.P.No.20077 of 2020 is accused No.13 and the petitioners in Crl.P.Nos.4423, 4424, 4422, 4427, 4426 and 4425 of 2021 are accused Nos.2 to 7 respectively in the above F.I.R. Therefore, these Writ Petitions and Criminal Petitions are being disposed of by this common order.

3. Factual matrix of the prosecution case germane to dispose of these Writ Petitions and Criminal Petitions may briefly be stated as follows :

(a) One Komatla Srinivasa Swamy Reddy is the de facto complainant, who lodged report with the police. He claims to be an advocate from Ongole. He has lodged a report with the D.G., ACB, A.P., Vijayawada on 07.09.2020 stating t

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