Devineni Aparna vs The State Of Andhra Pradesh on 10 January, 2025

Andhra Pradesh High Court – Amravati

Devineni Aparna vs The State Of Andhra Pradesh on 10 January, 2025

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 APHC010469712022
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                [3396]
                            (Special Original Jurisdiction)

                    FRIDAY ,THE TENTH DAY OF JANUARY
                     TWO THOUSAND AND TWENTY FIVE

                                PRESENT

    THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

                     CRIMINAL PETITION NO: 7596/2022

Between:

Devineni Aparna and Others                   ...PETITIONER/ACCUSED(S)

                                   AND

The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused(S):

   1. SRIDEVI GANTA

Counsel for the Respondent/complainant(S):

   1. PUBLIC PROSECUTOR (AP)

The Court made the following:
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ORDER:

The instant petition under Section 482 of the Code of Criminal

Procedure, 1973 has been filed, by the Petitioners/Accused Nos.1 and 2,

seeking quashment of the proceedings against them in

C.C.No.2125 of 2021 on the file of the Court of I Additional Chief Metropolitan

Magistrate, Vijayawada for the offences under Sections143, 341, 353, 188 read

with 149 of Indian Penal Code, 1860.

2. Heard Ms.Ganta Sridevi , learned counsel for the Petitioners and

Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the

Respondents.

3. It is submitted by the learned counsel for the Petitioners and acceded

to, by the learned Assistant Public Prosecutor that the subject matter of this

Criminal Petition is squarely covered by the similar order passed by this Court

in Criminal Petition Nos.695 of 2022 and Batch, dated 04.07.2024.

4. For ready reference the order passed in Criminal Petition Nos.695 of

2022 and Batch is extracted hereunder:

“3.Learned counsel for the Petitioners would submit that there are
no ingredients to attract the offences punishable under Sections
143, 341 and 188 read with 149 IPC against the Petitioners. He
would submit that the case has been lodged against the Petitioners
alleging that they conducted bike rally on the occasion of the Death
Anniversary of Ex-Chief Minister Sri N.T.Ramarao on 18.01.2022,
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without obtaining any permission and caused obstruction to the
traffic on R & B Road. Learned counsel would submit that the
complaint does not show any ingredients for the offence under
Section 141 IPC, which is punishable under Section 143 IPC and
Section 339 IPC punishable under Section 341 IPC. Learned
counsel further submits that there is a bar underSection195Cr.P.C
to register a case by the Police basing on the complaint lodged by
a private individual for the offence under Section 188 IPC.

4. Learned Assistant Public Prosecutor fairly conceded that,
absolutely there are no ingredients to attract the offences alleged
against the Petitioners and Court may pass appropriate orders.

****

6. The complaint would show that it was given by a private
individual to the Police reporting that there was a bike rally by the
Petitioners by giving slogans and they caused disturbance to the
vehicles which were plying on the road. The contents of the
complaint would go to show that, nothing has been alleged to prima
facie show any criminal intention on the part of the Petitioners to
commit any of the offences alleged against the Petitioners. Further,
as rightly put by the learned counsel for the Petitioners, in view of the bar
under Section 195 Cr.P.C., a case cannot be registered by the Police
under Section 188 IPC based on the complaint lodged by a private
individual, and the same has to be filed by a public servant before the
concerned Magistrate’s Court. In such circumstances, this Court is of the
view that continuation of the proceedings against the Petitioners for the
alleged offences is nothing but an abuse of process of Court.

7. Accordingly, the Criminal Petitions are allowed by quashing
the proceedings against the Petitioners/Accused in Crime No.46 of
2022 on the file of Vatsavai Police Station, Krishna District, for the
offences under Sections 143, 341 and 188 read with 149 of IPC.”

5. With regard to the commission of the offences punishable under

Sections 290 and 341 IPC, in the instant case also, there is no complaint from

any individual alleging that the Petitioners caused wrongful restrainment and

public nuisance to attract the offences under Sections 341 and 290 IPC
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respectively.

6. Hence, following the said Order passed by this Court in Criminal

Petition Nos.695 of 2022 and Batch, and taking into consideration of the facts

and circumstances of the case, this criminal petition is allowed by quashing

the proceedings against the Petitioners/Accused Nos.1 and 2 in C.C.No.2125

of 2021 on the file of the Court of I Additional Chief Metropolitan Magistrate,

Vijayawada for the offences under Sections 143, 341, 353, 188 read with 149

of Indian Penal Code, 1860.

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

8. Pending applications, if any, shall stand closed.

____________________________________________________________
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date: 10.01.2025
MH
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HON’BLE SMT.JUSTICE VENKATA JYOTHIRMAI PRATAPA

162

Crl.P.No.7596 of 2022

Dt.10.01.2025

MH