APHC010013982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 220/2026 Between:

Korukonda Tataji ...PETITIONER/ACCUSED AND The State of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S)

Others Counsel for the Petitioner/accused:

1. KOTI REDDY IDAMAKANTI Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR The Court made the following:

ORDER

The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash the proceedings against the Petitioner/Accused No.6 in Crime No.137 of 2021 of V. Madugula Police Station, Anakapalli District registered for the alleged offence punishable under Section 160 of the Indian Penal Code, 1860 (for brevity ‘the I.P.C’).

2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record.

3. Sri Koti Reddy Idamakanti, learned counsel for the Petitioner/Accused No.6, submits that even after the lapse of more than five years, the learned jurisdictional Magistrate has not taken cognizance of the offence. It is contended that the continued pendency of the matter is illegal and, therefore, the proceedings in the FIR are liable to be quashed.

4. The learned Assistant Public Prosecutor submits that the Investigating Officer filed the charge sheet on 20.09.2021, and the same is pending for taking cognizance. Section 468 of the Code of Criminal Procedure, 1973 (for ‘the I.P.C’), prescribes a bar to taking cognizance of an offence after the expiry of the period of limitation. If the offence is punishable with imprisonment for a term not exceeding one year, the period of limitation for taking cognizance is one year.

5. In the present case, the FIR was registered in Crime No. 137 of 2021 of V. Madugula Police Station, Anakapalli, for the offence punishable under Section 160 of ‘the I.P.C’. The said offence is punishable with imprisonment for a term which may extend to one month, or with fine, or with both.

6. In view of the above, the learned Magistrate cannot take cognizance of the offence after the expiry of one year, as the offence is punishable with imprisonment for one month only. The period prescribed for taking cognizance has already expired. Therefore, the proceedings on the file of the learned Magistrate cannot be continued.

7. Accordingly, for the foregoing reasons, the Criminal Petition is allowed, and the proceedings in Crime No. 137 of 2021 of V. Madugula Police Station, Anakapalli, are hereby quashed As a sequel, Miscellaneous petitions, if any pending, shall stand closed.

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DR. Y. LAKSHMANA RAO, J Date: 12.02.2026

KMS

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.220 of 2026 Date: 12.02.2026

KMS