JUDGMENT :

I.A.No.1 of 2023

1. This is petition is filed to dispense with Certified Copies as they are readily available, but their Photostat copies were filed. In view thereof and there is no objection from the other side, the petition is allowed subject to the condition that the petitioner will file Certified Copies within one month from the date of this Order.

I.A.No.2 of 2023

2. This petition is filed to stay all further proceedings in Criminal Petition No.1427 of 2023 in Crime No.125 of 2022 on the file of Penumantra Police Station, West Godavari District registered on 03.07.2022 for the offence punishable under Sections 143, 147, 148, 153-A, 341, 506, 435 R/w Section 511 and 109 and 149 IPC.

3. The petitioner filed petition under Section 482 Cr.P.C to quash the proceedings in Crime No.125 of 2022 registered as aforesaid.

4. It is the contention of the petitioner that he is a public servant and representative and elected as a member of Parliament representing Narasapuram constituency, but the powerful individuals in the State treat him with animosity and resorting to various extra legal methods to restrain him and that the petitioner was previously tortured by the State under the grab of investigation and he has reasonable fear that he may be taken again into custody pending or newly registering the cases. It is further stated by the petitioner that based on the document furnished by the Director of Journal, Mangalagiri in Rc.No.1701/L&O-III/2022, Dt.27-01-2023, he found that Crime No.125 of 2022 was registered against him and after going through contents of the FIR, it appears for him that it is a forged complaint in an attempt to take him into custody of the police to harass him and that until the said document is furnished to him, he did not know about it. He further stated that he intended to attend meeting on 04.07.2022 on the eve of inauguration of the statue of Alluri Sitarama Raju at Bhimavaram, but the people at the helm of affairs developed animosity against him as he is criticizing certain policies. He further stated that on the baseless and improbable allegations, FIR was lodged against him exactly one day before his schedule to visit, solely to take him into custody and that an institution or continuation of the criminal proceedings against him is abuse of process of law. In this back drop of allegations, the petitioner seeks interim relief.

5. Learned counsel for the petitioner submitted that in view of swearing ceremony of the newly appointed Governor of State of Andhra Pradesh, the petitioner would like to attend the ceremony schedule to be held on 24.02.2023, but he apprehends illegal arrest and harassment in view of the past experience in his mind. Learned counsel for the petitioner submitted that in view of the decision of the Supreme Court in Bhajanlal’s case, 1992 Supp (1) SCC 335, the type of cases instituted as abuse of process of law to wreak vengeance by falsely implicating the accused in crimes, inherent power under Section 482 Cr.P.C. is to be exercised. Learned counsel further submitted that the Supreme Court has not totally fettered the authority of High Court under Section 482 Cr.P.C. in the case Neeharika Infrastructures, 2021 SCC Online SC 315 to pass any interim order directing the police not to take co-erosive steps etc., it has cautioned that such vague orders to be avoided and any direction be given with clarity and thus, learned counsel would submit to pass appropriate direction more particularly the interim relief as sought which would help the petitioner to attend the ceremony.

6. Learned Additional Public Prosecutor sought time to file counter in the main petition. However, in view of the urgency expressed by the petitioner in the Interlocutory Application, he made his oral submissions opposing the petition mainly on the ground that this Court cannot pass orders under Section 482 Cr.P.C. in a very casual and routine manner and the type of orders sought by the petitioner particularly a direc