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2026:APHC:22268

APHC010232052026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3521]

(Special Original Jurisdiction)

THURSDAY,THE THIRTIETH DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL PETITION NO: 3643/2026

Between:

1. B JAGADEESHWARA REDDY ALIAS JAGGI, S/O MAHANANDI

REDDYAGED ABOUT 60 YEARS, R/O D.NO. 13/882-10-A,NEAR OLD

RICE GODOWN, SANJEEVANAGAR ROAD,TADIPATRI TOWN,

ANANTHAPUR DISTRICT

2. G KESAVA REDDY, S/O GANGULAKUNTA NARAYANA

REDDY,AGED ABOUT 34 YEARS, R/O D.NO. 2-956, JAYANAGAR

COLONYTADIPATRI TOWN, ANANTHAPUR DISTRICT

...PETITIONER/ACCUSED(S)

AND

T HE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High

Court At Amaravati throughSHO Tadipatri Town P.S,Ananthapur District

...RESPONDENT/COMPLAINANT

Counsel for the Petitioner/accused(S):

K NAGA PHANINDRA

Counsel for the Respondent/complainant:

PUBLIC PROSECUTOR

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Crl.P.No.3643 of 2026

Dated 30.04.2026

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’)

by the petitioners/Accused Nos.3 and 6, seeking to quash the

proceedings against them in Crime No.124 of 2019 on the file of

Tadipatri Town Police Station, Anantapur District, registered for the

offences under Sections 188 and 171-C of ‘the IPC’, which culminated in

C.C.No.314 of 2019 on the file of the learned Judicial Magistrate of First

Class, Tadipatri. The complaint is stated to have been filed by the Sub-

Inspector of Police.

2. Heard the learned counsel for the petitioners and the learned

Assistant Public Prosecutor.

3. The complaint states that the petitioners/Accused Nos.3 and 6

violated the Model Code of Conduct and also Section 30 of the Police

Act, on account of which offences under Sections 188 and 171-C of ‘the

IPC’ were registered against them.

4. Section 171-C of ‘the IPC’ deals with the offence of undue

influence at elections, where voters are constrained to vote in a

particular manner on account of the acts of the accused. The allegation

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Dr2.0 Y2L6R:A, JP HC:22268

Crl.P.No.3643 of 2026

Dated 30.04.2026

against the petitioners is that they participated in a rally with an intention

to influence voters by displaying their strength before the public.

However, such allegation by itself would not attract the provisions of

Section 171-C of ‘the IPC’. Further, the said offence is a non-cognizable

offence and the same could not have been investigated directly by the

investigating officer without obtaining prior permission as required under

Section 155(2) of ‘the Cr.P.C’.

5. The Model Code of Conduct is issued by the Election Commission

of India and any alleged violation thereof can be acted upon only upon a

complaint by the Election Commission of India or by any authority to

whom it is administratively subordinate. This requirement is

contemplated under Section 195 of ‘the Cr.P.C’. Since the complaint in

the present case was filed by the Sub-Inspector of Police, who does not

fall within the said category, the complaint is not maintainable.

6. A learned Single Judge of this Court, in Crl.P.No.9005 of 2022, by

order dated 15.11.2022, had quashed the proceedings against Accused

Nos.1 and 2. In the present case, the petitioners/Accused Nos.3 and 6

stand on the same footing.

7. In the result, the Criminal Petition is allowed. Accordingly, the

proceedings against the petitioners/Accused Nos.3 and 6 in C.C.No.314

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Dr2.0 Y2L6R:A, JP HC:22268

Crl.P.No.3643 of 2026

Dated 30.04.2026

of 2019 on the file of the learned Judicial Magistrate of First Class,

Tadipatri, are hereby quashed.

As a sequel, Miscellaneous petitions, if any pending, shall stand

closed.

_________________________

DR. Y. LAKSHMANA RAO, J

Date: 30.04.2026

RSI

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Crl.P.No.3643 of 2026

Dated 30.04.2026

199

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL PETITION NO: 3643 of 2026

D

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