Andhra Pradesh High Court

CRLP/5142/2023 of PALLA SRINIVASA RAO Vs THE STATE OF ANDHRA PRADESH on 7 April 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5142/2023 Between: 1. PALLA SRINIVASA RAO, S/O. SIMHACHALAM, AGED 51

APHC010355672023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTH DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 5142/2023

Between:

1. PALLA SRINIVASA RAO, S/O. SIMHACHALAM, AGED 51

YEARS,

R/O.

D.NO.

9-1-177,

JOGAVANIPALEM,

NEW

GAJUWAKA, VISAKHAPATNAM.

2. MOHAMMAD RAFIS, S/O. LATE ABDUL MAZEED, AGED 47

YEARS, R/O. D.NO. 11-34-26, AZEEMABAD, GAJUWAKA, VISAKHAPATNAM.

3. GORLE VENKU NAIDU,, S/O. LATE APPANNA, AGED 53 YEARS, R/O. D.NO. 30-70-10/1, RH COLONY, APPIKONDA, VADLAPUDI

POST, VISAKHAPATNAM.

4. PALLA SRINIVASA RAO,, S/O. APPA RAO, AGED 50 YEARS, R/O. D.NO. 9-8-177/1, JOGAVANIPALEM, NEW GAJUWAKA, VISAKHAPATNAM.

5. BONDA JAGANNADHWN,, S/O. LATE DEMUDU, AGED 45

YEARS, R/O. D.NO. 28 15-9, VADLAPNDI, GAJUWAKA, VISAKHAPATNAM.

6. GANDHAM SRINIVASA RAO,, S/O. SURIBABU, AGED 49

YEARS,

R/O.

D.NO.

14-6-20/5,

BC

ROAD,

GAJUWAKA,

VISAKHAPATNAM

7. MADAGALA SRINIVASA RAO,, S/O. LATE LAXMANA RAO, AGED 44 YEARS, R/O. D.NO. 10-9-4, HIGH SCHOOL ROAD, GAJUWAKA, VISAKHAPATNAM.

8. KOMMANAPALLI SIMHACHALAM, , S/O. LATE RAMUSU, AGED

45 YEARS, R/O. D.NO. 9-1-45/1, GANESH COLONY, NEW

GAJUWAKA, VISAKHAPATNAM.

9. RETTI JAYAMMA,, S/O. VASU, AGED 47 YEARS, R/O. D.NO. GF- 1, 7TH

BLOCK,

VAMBEY

COLONY,

GAJUWAKA,

VISAKHAPATNAM.

10. GOMADA SRINIVASA RAO,, S/O. APPALANAIDU, AGED 51

YEARS,

R/O.

D.NO.

10-8-46,

BESIDE

GBR

COMPLEX,

GAJUWAKA, VISAKHAPATNAM.

11. SINGURU ANANTHA RAO,, S/O. RAMULU, AGED 48 YEARS, R/O.

D.NO.

9-2-72,

PYDIMAMBA

TEMPLE,

GAJUWAKA,

VISAKHAPATNAM.

12. PRASADHULA SRINIVAS,, S/O. SURYA RAO, AGED 52 YEARS, R/O. D.NO. 9-2-72, BEHIND ELEMENTRY SCHOOL, GAJUWAKA, VISAKHAPATNAM.

13. DODLA VENKATA JAGADEESHM,, S/O. LATE RAMA KRISHNA

RAO, AGED 44 YEARS, R/O. D.NO. 13-20-3, BC ROAD, GAJUWAKA, VISAKHAPATNAM

...PETITIONER/ACCUSED(S)

AND

1. THE

STATE

OF

ANDHRA

PRADESH,

REP.BY

PUBLIC

PROSECUTOR, HIGH COURT A.P., AT AMARAVATI.

2. THE

SUBINSPECTOR

OF

POLICE,

GAJUWAKA

POLICE

STATION, VISAKHAPATNAM. DISTRICT

...RESPONDENT/COMPLAINANT(S):

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS

praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash the proceedings in CC NO. 888 of 2021 on the file of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam and to pass such IA NO: 1 OF 2023

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay all further proceedings in CC NO. 888 of 2021 on the file of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam including presence of the petitioners and to pass such IA NO: 2 OF 2023

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to extend the interim orders granted on 21-7-2023 in Crl.P No. 5142 of 2023 and to pass Counsel for the Petitioner/accused(S):

1. V V SATISH

Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP)

The Court made the following:

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ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) is filed by the Petitioners/A.1 to A.13 seeking quashment of the Proceedings against them in CC No.888 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, registered for the offences punishable under Sections 188 and 269 read with 34 IPC.

2. The relevant facts of the case, in brief, are that

i) On 12.06.2020 at 11.00 hours the Inspector of Police, Gajuwaka Police Station along with his staff were performing patrolling duties in connection with prevention of COVID-19 virus, they found the Accused persons without maintaining social distance and the COVID-19 guidelines and raised slogans against the Government regarding arrest of MLA Kinjarapu Atchenna Naidu and violated the orders of the District Collector, Visakhapatnam for preventing COVID- Virus. Since there are no mediators, the Police personnel drafted the occurrence report and registered the same as a case in Crime No.760 of 2020 of Gajuwaka Police Station, against A.1 to A.13 for the offences punishable under Sections 188 and 269 read with 34 IPC and Section 51(b) of Disaster Management Act, Section 3 of Epidemic Diseases Act. Seeking quashment of the proceedings in CCNo.888 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, the present Criminal Petition has been filed by the Petitioners/A.1 to A.13.

3. Heard Sri V.V.Satish, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record.

4. During hearing, learned counsel for the Petitioners would submit that the subject matter of this Criminal Petition is squarely covered by the Order dated 04.07.2023 passed in Crl.P.No.2145 of 2021 by a Coordinate Bench of this Court, wherein the proceedings therein were quashed against the Petitioner therein and would submit that similar order may also be passed against the Petitioners/A.1 toA.13 herein.

5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.

6. Considering the submissions made and in the light of the legal position supra, the facts of the present case are squarely covered by the order passed in Crl.P.No.2145 of 2021 dated 04.07.2023 and hence, continuation of the criminal proceedings/investigation against the Petitioners is not tenable and would amount to abuse of process of law and are liable to be dismissed.

7. Accordingly, this Criminal Petition is allowed and the proceedings in CC No.888 of 2021 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam, registered for the offences punishable under Sections 188 and 269 read with 34 IPC against the Petitioners/A1 to A.13 are hereby quashed.

Pending applications, if any, shall stand closed.

DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 08.04.2026

HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Criminal Petition No. 5142 of 2023

08.04.2026

Mjl /*

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