APHC010393412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 6457/2024 Between:

1. KONKI RAJAMANI, W/O. JOHN JOQUB, AGED 43 YEARS, SC MALA, LAZER COLONY, AMBAJIPETA (V), (M), 2. NAVUNDRU SRINIVAS,, S/O. SATYANARAYANA, AGE 35 YEARS, SC MADIGA, RAKURTIVARIPALEM, H/O. MODEKURRU (V), KOTHAPETA (M)

3. KUSUMA SUSEELA,, W/O. JOHN, AGE 43 YEARS, SC MALA, MERAKAPETA, H/O. ISUKAPUDI (V), AMBAJIPETA (M), 4. DASARI BALA SWAMY,, S/O. MARIDI, AGE 50 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 5. DASARI DANAYYA,, S/O. MARIDI, AGE 56 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 6. BADUGU NAGARJUNA,, S/O. SATYAM, AGE 39 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 7. DASARI PRAVEEN,, S/O. BALA SWAMY, AGE 30 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 8. DASARI CHINARAJU, S/O. SRIRAMULU, AGE 32 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 9. BADUGU VINOD KUMAR,, S/O. PRASADARAO, AGE 30 YEARS, SC MALA TADIKONA (V), ALLAVARAM (M), 10. D ASARI SRINIVASA RAO,, S/O. SRIRAMULU, AGE 42 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 11. D ASARI PRASAD, , S/O. ABHADDALU, AGE 39 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 12. B ADUGU DURGA PRASAD,, S/O. SAMPATHARAO, AGE 31 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 13. B ADUGU RAJU,, S/O. SRIRAMULU, AGE 35 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 14. D ASARI GANAPATHI,, S/O. ABHADDALU, AGE 33 YEARS, SC MALA, TADIKONA (V)ALLAVARAM (M)

15. D ASARI SURIBABU,, S/O. ABHADDALU, AGE 34 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 16. . BADUGU DEEPIKA,, D/O. PRASADA RAO, AGE 28 YEARS, SC MALA, TADIKONA (V), ALLAVARAM (M), 17. B ADUGU PRASADA RAO,, S/O. VEERASWAMY, AGE 52 YEARS, SC MALA TADIKONA (V), ALLAVARAM (M), 18. D ASARI CHALAPATHI RAO,, S/O. SANJEEVARAO, AGE XX, SC MALA TADIKONA (V), ALLAVARAM (M), ...PETITIONER/ACCUSED(S)

AND

1. T HE STATE OF ANDHRA PRADESH, THROUGH SHO, ALLAVARAM PS REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI

2. K ATRAVULA VENKATA SATYANARAYANA, VILLAGE REVENUE OFFICER (VRO), ALLAVARAM (V), (M),DR.B.R.AMBEDKAR KONASEEMA DISTRICT ERSTWHILE EAST GODAVARI DISTRICT.

...RESPONDENT/COMPLAINANT(S):

Counsel for the Petitioner/accused(S):

1. BHUSARAPU B YESU BABU Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR The Court made the following:

ORDER:

Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity „the Cr.P.C.,‟) by the Petitioners/ Accused Nos.1 to 16, 18 and 19, seeking to quash the proceedings against Petitioners/Accused Nos. 1 to 16, 18 and 19 in C.C.No.822 of 2017 on the file of Additional Judicial First Class Magistrate, Amalapuram.

2. Sri Bhusarapu Brahma Yesu babu, learned counsel for the petitioners submits that LW.1/Village Revenue Officer/Respondent No.2, Allavaram village submitted a report to the Station House Officer, Allavaram Police Station, which was registered a case in Cr.No.28 of 2017 on 06.02.2017 for the alleged offences punishable under sections 188, 341, 506 read with 34 of the Indian Penal Code, 1860 (For brevity „the I.P.C‟) and Section 32 of Police Act is legally unsustainable. It is contended that, as per the mandatory requirement under Section 195 of the Code of Criminal Procedure, 1973 (for brevity “ the Cr.P.C.”), no Court can take cognizance of an offence under Section 188 of the I.P.C. except upon a complaint in writing by the public servant concerned or by some other public servant to whom he is administratively subordinate. In the present case, though a report was submitted by the Village Revenue Officer and an F.I.R. was registered, the subsequent investigation and filing of charge sheet by the police is contrary to the procedure prescribed under Section 195 of the Cr.P.C. In the absence of a proper complaint as contemplated under law, the continuation of proceedings amounts to an abuse of proc