Andhra Pradesh High Court - Amravati
Saragadam Venkata Rao vs The Joint Director Rayalaseema on 1 August, 2025
APHC010229762021
IN THE HIGH COURT OF ANDHRA PRADESH
0>:0
AT AMARAVATI
FRIDAY, THE FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION Nos: 3955, 197, 433. 1376, 2211, 2253. 2451, 3808.
4308 AND 4831 OF 2021,4469, 5844, 5958 AND 5985 OF 2020 AND
2066 OF 2023
CRIMINAL PETITION NO: 3955 OF 2021:
Between:
Dayam Peda Ranga Rao, S/o D.Veera Venkata Rao, Aged about 54
years, Occ: Motor Vehicle Inspector (MVI), O/o the Dy. Transport
Commissioner, Visakhapatnam District and R/o. Flat No.4, Devi
Madhuram Enclave, Abid Nagar, Akkayyapalem, Visakhapatnam
District, Andhra Pradesh - 530016
...Petitioner/Accused Officer
AND
1. The Joint Director (Rayaiaseema), Anti-Corruption Bureau, A.P,
Vijayawada, Krishna District, Andhra Pradesh - 520013
2. The Inspector of Police, Central Investigation Unit (CIU),
Anti-Corruption Bureau, A.P, Vijayawada, Krishna District,
Andhra Pradesh - 520013 Represented by Spl. Public Prosecutor
ACB, A.P High Court Building Amaravati, Andhra Pradesh
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
■ #
may be pleased to quash the Crime (F.l.R) No.15/RCA-ACB-CIU/2016 , dated
22.10.2016, registered by the Inspector of Police, Central Investigation Unit
(ClU)g ABti-Corruption Bureau (ACB), Vijayav\/ada for the offences U/s 13(1)
(e) r/w.,|^,(2) 6f the Prevention of Corruption Act 1988 against the Petitioner/
Aceused^fficer (A.O), as it is not notified as a Police Station under section
2(s) of;^'P.C. by the Government.
IA NCT: 1 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the Fligh Court
may be pleased to stay all further proceedings in Crime (F.l.R) No. 15/RCA-
ACB-ClU/2016, dated 22.10.2016, registered by the Inspector of Police,
Central Investigation Unit (CIU), Anti-Corruption Bureau (ACB), Andhra
Pradesh, Vijayawada, including appearance of the Petitioner /Accused Officer
and ad-interim attachment orders of properties.
Counsel for the Petitioner: Sri Ghanta Sridhar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010018022021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 197 OF 2021:
Between:
Rachuri Siva Rao, S/o. late Sri Rachuri Bikshalu, Aged about 54 years,
Occ: Tahsildar (under suspension). Revenue Department, Krishna
District, and R/o. Flat No.302, Smitha Towers, Tickkie Road, Syam
Nagar, Vijayawada, Krishna District, Andhra Pradesh-520010
...Petitioner/Accused
AND
1. The Director General, Anti-Corruption Bureau, A.P, Vijayawada, Krishna
District, Andhra Pradesh -- 520013, Rep. by Spl. Public Prosecutors,
ACB, A.P High Court Buikling,Amaravati, Andhra Pradesh.
2. The Joint Director (Rayalaseema), Anti-Corruption Bureau, A.P,
Vijayawada, Krishna District, Andhra Pradesh - 520013, Rep. by Spl.
Public Prosecutors, ACB, A.P High Court Building,Amaravati, Andhra
Pradesh.
3. The Inspector of Police, Central Investigation Unit (CIU), Anti-
Corruption Bureau, A.P, Vijayawada, Krishna District, Andhra Pradesh
- 520013 Represented by Spl. Public Prosecutor, ACB, A.P High Court
Building, Amaravati, Andhra Pradesh, Represented by Spl. Public
Prosecutor, ACB, A.P High Court Building, Amaravati, Andhra Pradesh.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the Crime (F.I.R) No. No.01/RCA-CIU-ACB/2019,
dated 19.02.2019, registered by the Inspector of Police, Central Investigation
Unit (CIU), Anti-Corruption Bureau (ACB), Vijayawada for the offences U/s 13
(1) (b) r/w 13 (2) of the Prevention of Corruption (Amendment) Act 2018
against the Petitioner/ Accused Officer (A.O), as it is not notified as a police
station under section 2 (s) of Cr.P.C., by the Government.
lA NO: 2 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
Petitioner/ Accused Officer and ad-interim attachment orders of properties
issued in Crime (F.I.R) No. 01/RCA-ACB-CIU/2019, dated 19-02-2019,
registered by the Inspector of Police, Centra! Investigation Unit (CIU),
Anti-Corruption Bureau (ACB), Andhra Pradesh, Vijayawada and pass
Counsel for the Petitioner: Sri Venkateswarlu Gadipudi, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010031402021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
B^
CRIMINAL PETITION NO: 433 OF 2021
Between:
Mummana Rajeswara Rao, S/o. Sri Somulu, Aged about 59 years.
Occ; Deputy Inspector of Survey, O/o Special Deputy Collector (LA),
TBP Unit-1, Parvathipuram, Vizianagaram District Andhra Pradesh -
535 501, and R/o. H.No.37-10-139, NGOs Colony, Ayyappa Nagar
Kapparada, Visakhapatnam, Visakhapatnam District Andhra Pradesh -
530 007
...Petitioner/Accused
AND
1. The Joint Director (Rayaiaseema), Anti-Corruption Bureau, A.P,
Vijayawada Krishna District, Andhra Pradesh - 520013
2. The Inspector of Police, Central Investigation Unit (CIU) Anti Corruption
Bureau, A.P, Vijayawada, Krishna District, Andhra Pradesh 520013,
represented by Spl Public Prosecutor, ACB, A.P High Court Building
Amaravati, Andhra Pradesh
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition the High Court
may be pleased to quash the Crime (F.I.R) No. No.03/RCA-CIU-ACB/ 2017,
dated 16-03-2017, registered by the Inspector of Police, Central Investigation
Unit, Anti-Corruption Bureau, Vijayawada for the offences U/s 13 (1) (e) r/w 13
(2) of the Prevention of Corruption Act 1988 against the Petitioner / Accused
Officer (A.O), as it is not notified as a police station under section 2 (s) of
Cr.P.C by the Government.
lA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
Petitioner/ Accused Officer and ad-interim attachment orders of properties
issued in Crime (F.I.R) No. 03/RCA-ACB-CIU/2017, dated 16-03-2019,
registered by the Inspector of Police, Central Investigation Unit (CIU), Anti-
Corruption Bureau, Andhra Pradesh, Vijayawada.
lA NO: 1 OF 2023
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to permit the petitioner herein to amend the Main Prayer of
the CRL.P.NO. 433 of 2021, by substituting the existing main prayer, with the
below mentioned prayer; "It is therefore prayed that the Hon'ble Court may be
pleased to quash the C.C No. 26 of 2019, on the file of the Hon'ble III
Additional District Judge cum Special Judge for ACB Cases, Visakhapatnam,
and pass such or orders as this Hon'ble Court deem fit in the interest of
justice".
Counsel for the Petitioner; Sri Ghanta Sridhar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010073782021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 1376 OF 2021
Between:
Rampalli Satya Phani Dattatreya Diwakar @ SPD Diwakar, S/o Surya
Subramanya Sitarama Swamy, (Correct Name; Rampalli Satya Phani
Dattatreya Divakar), Aged 36 years, Jr. Assistant (on leave), Panchayat
Raj Department, Eluru, West Godavari District, Andhra Pradesh -
534 001, Presently residing at H.No. 3-167, Venkata Narayana Nagar,
Palangi Undrajavaram Mandal, West Godavari District, Andhra Pradesh
-534 216
...Petitioner/Accused Officer
AND
The Inspector of Police, Central Investigation Unit (CIU), Anti-Corruption
Bureau, Andhra Pradesh, Vijayawada - 520 001, Rep. by Spl.Public
Prosecutor-ACB, A.P High Court Building, Amaravati, Andhra Pradesh
...Respondent
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the Crime (F.I.R) No. 08/RCA-ACB-CIU/201 8, dated
28-12-2018, registered by the Inspector of Police, Central Investigation Unit,
Anti-Corruption Bureau, Vijayawada for the offences U/s 13 (1) (b) r/w 13 (2)
of the Prevention of Corruption (Amendment) Act 2018 against the Petitioner/
Accused Officer (A.O), as it is not notified specifically as a police station under
section 2 (s) of Cr.P.C., by the Government.
lA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay alt further proceedings including appearance of the
Petitioner/ Accused Officer and ad-interim attachment orders of properties
issued in Crime (F.I.R) No. 08/RCA-ACB-CIU/2018, dated 28-12-2018,
registered by the Inspector of Police, Central Investigation Unit (CIU), Anti-
Corruption Bureau, Andhra Pradesh, Vijayawada.
Counsel for the Petitioner: Sri Phani Babu Yalamanchili, Advocate.
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010138582021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 2211 OF 2021
Between:
Gedela Raja Sekhar, S/o Gedela Lakshmi Ganeswara Rao, Aged about
28 years, Occ: Advocate, R/o. Flat No.301, D.No.48-6-64, Suvarna
Residency, Srinagar, Near Rama Takies Lane, Visakhapatnam City.
Visakhapatnam District.
...Petitioner/Accused No.3
AND
1. The Joint Director, (Rayalaseema) ACB, A.P. Vijayawada.
2. Inspector of Police, CIU-ACB-AP-Vijayawada (Complainant).
3. The State of Andhra Pradesh, Rep. by Public Prosecutor High Court of
Andhra Pradesh At Amaravathi.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the proceedings No.20/JD(R) -ACB/2017 of the 1st
respondent and the criminal proceedings initiated by the 2nd respondent,
against the petitioner in connection with crime in CC.No.2/2019 on the file of
the Hon'ble Special Judge for SPE and ACB cases Visakhapatnam.
lA NO: 2 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearances of the
petitioner in connection with crime in CC. No. 2/2019 on the file of the Hon'ble
Spl. Judge for SPE and ACB cases Visakhapatnam pending disposal of the
above petition.
Counsel for the Petitioner: Sri Dasari S.V.V.S.V.Prasad, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010142542021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
^1
CRIMINAL PETITION NO: 2253 OF ?n?1
Between:
Smt. Gedela Saritha, D/o. Kurella Seshayya, Aged about 51 years.
Occ; House Wife, R/o. D.No.48-6-64, Suvarna Residency, Srinagar
Near Rama Talkie Lane, Visakhapatnam City
...Petitioner/Accused No.2
AND
1. The Joint Director (Rayalaseema), ACB, A.P. Vijayawada.
2. Inspector of Police, CIU-ACB-AP-Vijayawada (Complainant)
3. The State of Andhra Pradesh, Rep. by Public Prosecutor High Court of
Andhra Pradesh At Amaravathi
...Respondents
Petitian under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the proceedings No.20/JD(R)-ACB/2017 of the 1st
respondent and the criminal proceedings initiated by the 2nd respondent,
against the petitioner/accused No.2 in connection with crime in CC No.2 of
2019 on the file of the Hon'ble Spl. Judge for SPE and ACB cases
Visakhapatnam.
lA NO: 2 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearances of the
petitioner in connection with crime in CC No. 2 of 2019 on the file of the
Hon'ble Spl. Judge for SPE & ACB cases Visakhapatnam pending disposal of
the above petition.
Counsel for the Petitioner: Sri Ch. Venkat Raman, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010150702021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 2451 OF 2021
Between:
Mr. Gedela Lakshmi Ganeswara Rao, S/o Late Markandeyulu, Aged
about 58 years, R/o. Chinakummara Veedhi, Parvathipuram,
Vizianagaram Dist.
...Petitioner/Accused
AND
1. The Joint Director (Rayalaseema) .ACB, A.P. Vijayawada.
2. Inspector of Police, CIU-ACB-AP-Vijayawada (Complainant)
3. The State, Rep. by Public Prosecutor High Court of AP/Spl.PP
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the proceedings No.20/JD(R)-ACB/2017 of the 1st
respondent and the Criminal proceedings initiated by the 2nd respondent
against the petitioner in connection with crime in CC No.2/2019 on the file of
the Hon'ble Spl. Judge for SPE and ACB cases Visakhapatnam.
lA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearances of the
petitioner in connection with crime in CC No. 2/2019 on the file of Hon'ble Spl.
Judge for SPE & ACB cases Visakhapatnam pending disposal of the above
petition.
Counsel for the Petitioner: Sri K.R.Prabhakar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010224522021
IN THE HIGH COURT OF ANDHRA PRADESH
S;*0
AT AMARAVATI
0^.
CRIMINAL PETITION NO: 3808 OF 2021
Between:
Saragadam Venkata Rao, S/o Late Sri Ramappadu, Aged about 58
years, Occ: Assistant Motor Vehicle Inspector, O/o the Dy. Transport
Commissioner, Srikakulam, Srikakulam District and R/o Peda
Yathapalem Village, Aripaka (Post), Sabbavaram Mandal,
Visakhapatnam District, Andhra Pradesh - 531 035
...Petitioner/Accused Officer
AND
1. The Joint Director (Rayalaseema), Anti-Corruption Bureau, A.P,
Vijayawada, Krishna District, Andhra Pradesh-520013
2. The Inspector of Police, Central Investigation Unit (CIU), Anti-Corruption
Bureau, A.P, Vijayawada, Krishna District, Andhra Pradesh-520013 ,
Represented by Spl. Public Prosecutor, ACB, A.P High Court Building,
Amaravati, Andhra Pradesh
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the Crime (F.I.R )No.06/RCA-CIU-ACB/2018 , dated
01.11.2018, registered by the Inspector Police, Central Investigation Unit
(CIU), Anti-Corruption Bureau (ACB) Vijayawada for the offences U/s 13(1) (b)
r/w 13 (2) of the Prevention of Corruption (Amendment) Act 2018 against the
Petitioner / Accused Officer (A.O), as it is not notified as a police station under
section 2 (s) of Cr.P.C., by the Government.
lA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
petitioner/ Accused Officer and ad-interim attachment orders of properties
issued in Crime (F.I.R) No.06/RCA-ACB-CIU/2018, dated 01.11.2018,
registered by the Inspector Police, Central Investigation Unit (CIU),
Anti-Corruption Bureau (ACB) Andhra Pradesh, Vijayawada.
Counsel for the Petitioner: Sri Venkateswarlu Gadipudi, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010259402021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 4308 OF 2021
Between:
Kutala Venkatappa, S/o late Sri Venkataramana Aged about 50 years,
Occ; Inspector of Police (under suspension), Command Control,
Tirupati Urban District, and R/o. D.No. 10-82/2, Royal Nagar, R.C.Road.
Tirupati, Chittoor District, Andhra Pradesh-517 501
...Petitioner/Accused
AND
1. The Director General, Anti-Corruption Bureau, A.P, Vijayawada, Krishna
District, Andhra Pradesh - 520013, Rep. by Spl. Public Prosecutors,
ACB, A.P High Court Building,Amaravati, Andhra Pradesh
2. The Joint Director (Andhra), Anti-Corruption Bureau, A.P, Vijayawada,
Krishna District, Andhra Pradesh - 520013, Rep. by Spl. Public
Prosecutors, ACB, A.P High Court Building,Amaravati, Andhra Pradesh
3. The Inspector of Police, Anti-Corruption Bureau (ACB), Central
Investigation Unit (CIU), Vijayawada, Krishna District, Andhra Pradesh -
520013, Rep. by Spl. Public Prosecutors, ACB A.P High Court
Building,Amaravati, Andhra Pradesh.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the Crime (FIR) No.02/RCA-CIU/2020, dated
09-03-2020, registered by the Inspector of Police, Central Investigation Unit
(CIU), Anti-Corruption Bureau (ACB), Vijayawada for the offences U/s 13 (1)
(b) of the .Preventio of Corruption (Amendment) Act 2018 against the
Petitioner / Accused Officer (A.O>, as it is not notified as a police station under
section 2 (s) of Cr.P.C., by the Government.
lA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
Petitioner in F.I.R No. 02/RCA-CIU/2020, dated 09-03-2020, registered by the
Inspector of Police, Central Investigation Unit (CIU), Anti-Corruption Bureau
(ACB), Vijayawada.
Counsel for the Petitioner: Sri Ghanta Sridhar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010308062021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
V.
HI:
CRIMINAL PETITION NO: 4831 OF 2021
Between:
Battu Hanumantha Rao, S/o Late Sri Badraiah, Aged 59 years.
Assistant Geologist (Retd.), O/o. Asst. Director, Mines and Geology
Srikakulam, Srikakulam District, and R/o. Flat No. 303, 3'^ Floor, Kitari
Towers, D.No.4-18-1/2, Ramanna Pet, Library Centre, Koritepadu,
Guntur, Guntur District, Andhra Pradesh - 522 007
...Petitioner/Accused Officer
AND
1. The Joint Director (Rayalaseema), Anti-Corruption Bureau, A.P,
Vijayawada, Rep.by the Standing Counsel-cum-Special Public
Prosecutor, ACB, A.P High Court Compound, Amaravathi.
2. The Deputy Superintendent of Police, Central Investigation Unit (CIU),
Anti-Corruption Bureau, Andhra Pradesh, Vijayawada - 520 001 , Rep.
by the Standing Counsel-cum-Special Public Prosecutor, ACB, A.P
High Court Compound, Amaravathi
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the F.I.R No. 14 of 2017 dated 13-11-2017,
registered by the Deputy Superintendent of Police, Central Investigation Unit
(CIU), Anti-Corruption Bureau (ACB), Andhra Pradesh, Vijayawada for the
alleged offences U/s 13 (1) (e) r/w 13 (2) of the Prevention of Corruption Act
1988 against the Petitioner / Accused Officer (A.O), as it is not notified as a
police station under section 2 (s) of Cr.P.C., by the Government
lA NO: 1 OF 2021
Petition under Section 482 of Cr.P.C praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings in FIR 14 of 2017 [(including
appearance of the Petitioner / Accused Officer, and ad-interim attachment
orders of properties (issued in CrI.M.P.No. 1347/2018 in Cr. No.14/RCA-ACB-
CIU-AP-VJA/2017)], registered by the Deputy Superintendent of Police,
Central Investigation Unit (CIU) Anti-Corruption Bureau (ACB),
Andhra Pradesh, Vijayawada, pending the above criminal petition.
Counsel for the Petitioner: Sri Ghanta Sridhar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010282402020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 4469 OF 2020
Between:
Doddapaneni Venkafah Naidu, S/o. late Butchi Naidu, Aged about 57
Years, Hindu, Occ: Sub-Registrar, R/o. Flat No. 501, Srigovindam,
Nowroji Road, Maharanipeta, Visakhapatnam, Andhra Pradesh
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by the Chief Secretary, General
Administration Department A.P Secretariat, Velagapudi, Amaravati
Guntur District, Andhra Pradesh
2. The Deputy Superintendent of Police, Central Investigation Unit, Anti-
Corruption Bureau, Andhra Pradesh, 4th Floor, NTR Administrative
Building, Pandit Nehru Bus Station, Vijayawada.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the case in the Crime (F.I.R) No. 08/RCA-ACB-
CIU/2017, dated 17-06-2017, registered by the Dy.S.P, Central Investigation
Unit, Anti Corruption Bureau , Andhra Pradesh, Vijayawada for the offence U/s
13 (2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988 against the
Petitioner/Accused Officer (A.O).
lA NO: 1 OF 2020
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
Petitioner/Accused Officer in Crime (F.I.R) No. 08/RCA-ACB-CIU/2 017, dated
17-06-2017, registered by the 2nd respondent herein, pending disposal of the
above criminal petition.
Counsel for the Petitioner: Sri Ghanta Sridhar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010362092020
IN THE HIGH COURT OF ANDHRA PRADESH
. r
AT AMARAVATI
CRIMINAL PETITION NO: 5844 OF 2020
Between:
Dr. P.Panddurunga Rao, S/o. Late P.Sambaiah, Aged about 61 years
R/o. Plot No. 10, 2nd Floor, Door No. 1-3-176/35/22/9/2, Bhagyalakshmi
Nagar, Gandhi Nagar, Hyderabad 500080.
...Petitioner/Accused
AND
1.
The Joint Director (Rayalaseema), ACB, A.P. Vijayawada.
2.
Dy. Superintendent of Police, CIU-ACB-AP-Vijayawada (Complainant)
3.
The State, ACB, Rep. by Special P.P, High Court of A.P, Amaravati
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the proceedings No.11/JD(R)-ACB/2017, dated
21.06.2017 of the 1st respondent and the criminal proceedings initiated by the
2nd respondent, against the petitioner in crime (FIR) No.9/RCA-CIU-
ACB/2017, dated 21.06.2017 on the file of the Dy. Superintendent of Police,
CIU-ACB-AP-Vijayawada.
lA NO: 1 OF 2020
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the Fligh Court
may be pleased to stay all further proceedings including appearances of the
petitioner in crime (FIR) No.9/RCA-CIU-ACB/2017, dated 21.06.2017 on the
file of the Dy. Superintendent of Police, CIU-ACB-AP-Vijayawada registered
by the 2nd respondent pending disposal of the above petition.
Counsel for the Petitioner: Sri K.R.Prabhakar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010368342020
IN THE HIGH COURT OF ANDHRA PRADESH
y.
AT AMARAVATI
CRIMINAL PETITION NO: 5958 OF 2020
Between:
Mr. B.Sanjeevaih, S/o. Late B.Narayana, Aged about 50 years, R/o. Flat
No.401, 5th Floor, Elite Residency, Near Ch.Krishnaveni School,
Poranki, Penamaluru Mandal, Krishna Dist-521137
...Petitioner/Accused
AND
1. The Joint Director (Rayalaseema), ACB, A.P. Vijayawada.
2. Dy. Superintendent of Police, CIU-ACB-AP-Vijayawada (Complainant)
3. The State, Rep. by Special Public Prosecutor, High Court of A.P.
Amaravathi.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the proceedings No. 20/RCA-CIU/2016 dated
28.10.2016 of the 1st respondent and the criminal Proceeding initiated by the
2nd respondent, against the petitioner in Crime (FIR).No.16/2016 , dated
02.11.2016 on the file of Dy. Superintendent of Police, CIU-ACB-AP-
Vijayawada.
lA NO: 1 OF 2020
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including, appearances of the
petitioner in Crime (FIR). No. 16/2016 dated 02.11.2016 on the file of the Dy.
Superintendent of Police, CIU-ACB-AP-Vijayawada registered by the 2nd
respondent pending disposal of the above petition.
Counsel for the Petitioner: Sri K.R.Prabhakar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010369972020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 5985 OF 2020
Between:
Karanam Venkata Ranga Sai Kumar, S/o. late Sri K.V.Narasaiah Naidu,
Hindu, Aged 61 years, Occ: Joint Secretary to Government (Retd.),
General Administration Department, A.P. Secretariat, Velagapudi,
Amaravati, Andhra Pradesh, and R/o. Flat No. 503, Sunder Sai Plaza,
H.no.6-3-596/46, Venkata Ramana Colony, Khairatabad, Hyderabad,
Telangana State - 500 004
...Petitioner/Accused
AND
1. The State of Andhra Pradesh, Rep. by the Chief Secretary to
Government, General Administration Department, A.P. Secretariat,
Velagapudi, Amaravati, Guntur District, Andhra Pradesh - 522 238
2. The Deputy Superintendent of Police, Central Investigation Unit (CIU),
Anti Corruption Bureau, Andhra Pradesh, Vijayawada-520 001, Rep. by
Spl. Public Prosecutor, ACB, A.P. High Court Compound, Amaravathi.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the Crime (F.I.R) No. 05/RCA-ACB-CIU/201 7, dated
05-05-2017, registered by the Deputy Superintendent of Police, Central
Investigation Unit, Anti-Corruption Bureau, Vijayawada for the offences U/s 13
(2) r/w 13 (1) (e) of the Prevention of Corruption Act, 1988 against the
Petitioner / Accused Officer(A.O), as it is not notified specifically as a police
station under section 2 (s) of Cr.P.C., by the Government.
lA NO: 1 OF 2020
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
Petitioner / Accused Officer in Crime (F.I.R) No. 05/RCA-ACB-CIU /2017,
dated 05-05-2017, registered by the Deputy Superintendent of Police, Central
Investigation Unit (CIU), Anti-Corruption Bureau Andhra Pradesh,
Vijayawada, pending disposal of the above criminal petition.
Counsel for the Petitioner: Sri Venkateswarlu Gadipudi, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
APHC010130582023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
CRIMINAL PETITION NO: 2066 OF 2023
Between:
G.M.Venkata Narayana, S/o. Venkatamuni, aged about 59 years, Occ:
Flat No. 203, Chamundeswari Nilayam, Sundar Nagar, Near E.S.I
Hospital, Sanath Nagar, Hyderbad-38
...Petitioner/Accused
AND
1. The Joint Director (Andhra), ACB, A.P. Vijayawada.
2. Deputy Supdt. of Police, ACB, CIU, AP, Vijayawada. (Complainant)
3. The State of Andhra Pradesh, Rep. by it's Public Prosecutor, High Court
of Andhra Pradesh at Amravati.
...Respondents
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to quash the proceedings No. 1/RCA-CIU/2017 dated
03.01.2017 of the 1st respondent and the consequential Criminal Proceedings
initiated by the 2nd respondent against the petitioner in Crime (FIR) No. 1 of
2017 Dated 04.01.2017 on the file of DSP, CIU-ACB-AP, Vijayawada.
lA NO: 1 OF 2023
Petition under Section 482 of Cr.P.C., praying that in the circumstances
stated in the Memorandum of Grounds of Criminal Petition, the High Court
may be pleased to stay all further proceedings including appearance of the
petitioner in connection with Crime in (FIR) No. 1 of 2017 Dated 04.01.2017
on the file of DSP, CIU-ACB-AP, Vijayawada registered by the 2nd
respondent, pending disposal of the quash petition.
lA NO: 1 OF 2024
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 to Vacate the Interim Order dated 20.03.2023
passed in CRLP No. 2066 of 2023.
Counsel for the Petitioner: Sri K.R.Prabhakar, Advocate
Counsel for the Respondents: Sri S.Syam Sunder Rao, Advocate,
SC cum Spl. P.P. for ACB
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
^HON'BLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION Nos.3955. 197. 433, 1376. 2211, 2253, 2451.
3_808, 4308 and 4831 of 2021. 4469. 5844. 5958. of 2020 and
2066 of 2023
CRLP.No. 3956/?n?1
Between:
1.DAYAM PEDA RANGA RAO, S/0 D.VEERA VENKATA RAO
AGED ABOUT 54 YEARS OCC MOTOR VEHICLE INSPECTOR
(MVI) O/o. THE DY.TRANSPORT COMMISSIONER
VISAKHAPATNAM DISTRICT, AND R/0 FLAT NO 4 DEVI
MADHURAM ENCLAVE ABID NAGAR, AKKAYYAPALEM
VISAKHAPATNAM DISTRICT ANDHRA PRADESH - 530016
...PETITIONER/ACCUSED
AND
1.THE JOINT DIRECTOR, (RAYALASEERNA) ANTI-
CORRUPTION BUREAU, A.P, VIJAYAWADA KRISHNA
DISTRICT, ANDHRA PRADESH - 520013
2.THE INSPECTOR OF POLICE, CENTRAL INVESTIGATION
UNIT (CIU) ANTI-CORRUPTION BUREAU, A.P, VIJAYAWADA
KRISHNA DISTRICT ANDHRA PRADESH 520013J
REPRESENTED BY SPL. PUBLIC PROSECUTOR ACB,'a.P
HIGH COURT BUILDING AMARAVATI, ANDHRA PRADESH
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused:
1.SRI GHANTA SRIDHAR
Counsel for the Respondent/complainant(S):
1.SRI S.SYAM SUNDER RAO SC cum Spl P.P. For ACB
The Court made the following:
<Gist:
>Head Note;
? Cases referred;
SLP (Crl.).No.10737 of 2023, decided on 02.01.2025
This Court made the following;
II2II
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
*HON'BLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION Nos.3955. 197, 433, 1376. 2211, 2253, 2451.
3808, 4308 and 4831 of 2021, 4469. 5844. 5958. 5985 of 2020 and
2066 of 2023
CRLP.No. 3955/2021
Between:
1.DAYAM PEDA RANGA RAO. S/0 D.VEERA VENKATA RAO
AGED ABOUT 54 YEARS OCC MOTOR VEHICLE INSPECTOR
(MVI) O/o. THE DY. IRANSPORT COMMISSIONER
VISAKHAPATNAM DISTRICT, AND R/0 FLAT NO 4 DEVI
MADHURAM ENCLAVE ABID NAGAR, AKKAYYAPALEM
VISAKHAPATNAM DISTRICT ANDHRA PRADESH - 530016
...PETITIONER/ACCUSED
AND
1.THE JOINT DIRECTOR. (RAYALASEERNA) ANTI-
CORRUPTION BUREAU, A.P, VIJAYAWADA KRISHNA
DISTRICT, ANDHRA PRADESH - 520013
2.THE INSPECTOR OF POLICE. CENTRAL INVESTIGATION
UNIT (CIU) ANTI-CORRUPTION BUREAU, A.P. VIJAYAWADA,
KRISHNA DISTRICT ANDHRA PRADESH 520013
REPRESENTbD BY SPL PUBLIC PROSECUTOR ACB, A.P
HIGH COURT BUILDING AMARAVATI, ANDHRA PRADESH
...RESPONDENT/COMPLAINANT(S):
DATE OF ORDER PRONOUNCED; 01.08.2025
SUBMITTED FOR APPROVAI •
HON'BLE SRI JUSTICE HARINATH.N
1. Whether Reporters of Local newspapers may
be allowed to see the Judgments? Yes/No
2. Whether the copies of order may be marked
to Law Reporters/Journals? Yes/No
3. Whether Your Lordships wish to see the fair
copy of the order?
Yes/No
112,11
APHC010229762021
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
FRIDAY,THE FIRST DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION Nos.3955. 197, 433, 1376. 2211, 2253. 2451
3808, 4308 and 4831 of 2021. 4469. 5844. 5958. 5985 of 2020 anri
2066 of 2023
CRLP.No. 3955/?n?1
Between:
1.DAYAM PEDA RANGA RAO, S/0 D.VEERA VENKATA RAO
T
AGED ABOUT 54 YEARS OCC MOTOR VEHICLE INSPECTOR
(MVI) 0/0 THE DY.TRANSPORT COMMISSIONER
VISAKHAPATNAM DISTRICT, AND R/0 FLAT N0.4, DEVI
MADHURAM ENCLAVE ABID NAGAR, AKKAYYAPALEM
VISAKHAPATNAM DISTRICT ANDHRA PRADESH - 530016
...PETITIONER/ACCUSED
AND
1.THE JOINT DIRECTOR, (RAYALASEERNA) ANTI-
CORRUPTION BUREAU, A.P, VIJAYAWADA KRISHNA
DISTRICT, ANDHRA PRADESH - 520013
2.THE INSPECTOR OF POLICE, CENTRAL INVESTIGATION
UNIT (CIU) ANTI-CORRUPTION BUREAU, A.P, VIJAYAWADA
KRISHNA DISTRICT ANDHRA PRADESH 520013
represented by SPL. PUBLIC PROSECUTOR ACB, A.P
HIGH COURT BUILDING AMARAVATI, ANDHRA PRADESH
...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 CourtPleased to quash the
crime (F.I.R) No.15/RCA-CIU-ACB/2016 ,dt 22-10-2016 reoisterpd bv
UAH
the Inspector of Police ,central Investigation Unit(CIU),Anti -Corruption
Bureau(ACB) .Vijayawada for the offences U/s 13(1) (e) r/w 13(2) of
the Prevention of Corruption Act 1988 against the Petitioner/Acc used
Officer (A.O) ,as it is not notified as a Police Station under section 2(s)
of Cr.P.C by the Government and pass
lA NO: 1 OF 2021
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 stay all
further proceedings in Crime (F.l.R) No. 15/RCA-ACB-CIU/2016, dated
22-10-^2016, registered by the Inspector of Police, Central Investigation
Unit (CIU), Anti-Corruption Bureau (ACB), Andhra Pradesh.
Vijayawada, including appearance of the Petitioner / Accused Officer
and ad-interim attachment orders of properties, and pass
Counsel for the Petitioner/accused:
1.GHANTA SRIDHAR
Counsel for the Respondent/complainant(S):
1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB
The Court made the following:
//5//
THE HON'BLE SRI JUSTICE HARINATH. N
CRIMINAL PETITION Nos.3955. 197. 433, 1376, 2211, 2253. 2451,
3808, 4308 and 4831 of 2021. 4469. 5844. 5958. 5985 of 2020 and
2066 of 2023
COMMON ORDER :
1. Criminal petition No.3955 of 2021 is taken up as the lead case in the batch of petitions filed seeking quash of crimes registered by Inspector of Police, Central Investigation Unit (CIU), ACB, Vijayawada for offences under the Prevention of Corruption Act. The primary ground for seeking quash of the crimes is that Government has not notified Central Investigation Unit (CIU), ACB, Vijayawada as a Police Station under Section 2(s) of Cr.P.C., as on the date of registration of crimes.
2. This Court while admitting the matters directed the investigating officer not to file charge sheet until further orders from the Court.
The learned senior counsel appearing for the petitioners submits that the Joint Director, Anti Corruption Bureau, Vijayawada issued authorization proceedings to the Inspector of Police CIU, ACB, AP, Vijayawada to register a case against the petitioners under the provisions of Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act").
//6//
3. On the strength of the authorization proceedings of the Joint Director, the inspector of Police, CIU, ACB, AP, Vijayawada registered the following cases ;
S. CRLP.Nos. Authorization Crime Section of Nature of
No.
Details Number Law offence
1. 3955 of 2021 N0.19/RCA- 15/RCA-CIU- 13(2) read Disproportionate
CIU/2016, ACB/2016, with assets
dt. 19.10.2016 dt.22.10.2016 13{1)(e)
of PC Act
2. 4308 of 2021 No.lO/RCA/JD 2/RCA-CIU- 13(1)(b) Disproportionate
(R)/2020 ACB/2020, of PC Act assets
dt. 05.03.2020 dt.09.03.2020
3. 3808 of 2021 No.11/JD(R)- 06/RCA-ClU- 13(1 )(b) Disproportionate
ACB/20158, ACB/2018, read 13(2) assets
dt. 27.10.2018 dt.01.11.2018 o f the PC
ACt
4. 2451 of 2021 No.20/JD(R)- 15/RCA-CIU- 13(1 )(e) Disproportionate
ACB/2017. ACB/2017, read with assets
dt. 15.11.2017 dt.16.11.2017 13(2) of
the PC
Act
5. 2253 of 2021 No.20/JD(R)- 15/RCA-CIU- 13(1)(e) Disproportionate
ACB/2017, ACB/2017, read with assets
dt. 15.11.2017 dt.16.11.2017 13(2) of
the PC
Act
6. 2211 of 2021 No.20/JD(R)- 15/RCA-CIU- 13(1 )(e) Disproportionate
ACB/2017. ACB/2017, read with assets
dt.15.11.2017 dt.16.11.2017 13(2) of
the PC
Act
7. 1376 of 2021 No.08/JD(R)- 08/RCA-CIU- 13(1 )(b) Disproportionate
ACB/2018. ACB/2018, read with assets
dt.27.12.2018 dt.28.12.2018 13(2) of
the PC
Act
8. 433 of 2021 No.17/JD(R)- 03/RCA-CIU- 13(1)(b) Disproportionate
ACB/2017. ACB/2017, read with assets
dt.14.03.2017 dt.16.03.2017 13(2) of
the PC
Act
mu
9. 2066 of 2023 No.OI/RCA/CI 01/2017, 13(1)(b) Disproportionate
U/2017 dt.04.01.2017 read with assets
dt.03.010.2017 13(2) of
the PC
Act
10. 4831 of 2021 N0.19/RCA- 10/RCT-ACB- 13(1)(e) Disproportionate
JD/(R)/2017, CIU/2017, read with assets
dt.17.01.2017 dt.19.09.2017 13(2) of
the PC
Act
11. 5958 of 2020 N0.136/RCA- 16/2016, 13(2)read Disproportionate
CIU/2016- dt.02.11.2016 with assets
S.16. 13(1)(e)
dt.17.01.2017 of the PC
Act
12. 4469 of 2020 No.10/JD(R)- 08/RCA-CIU- 13(1)(e) Disproportionate
ACB/2017, ACB/2017, read with assets
Dt.16.06.2017 dt.17.06.2017 13(2) of
PC Act
13. 5844 of 2020 11/JD(R)- 09/RCA-CIU- 13(1)(e) Disproportionate
ACB/2017, ACB/2017, read with assets
dt.21.06.2017 dt.21.06.2017 13(2) of
PC Act
14. 5985 of 2020 7/JD(R)- 05/RCA-CIU- 13(1)(e) Disproportionate
ACB/2017, ACB/2017, read with assets
dt.04.05.2017 dt.05.05.2017 13(2) of
PC Act
15. 197 of 2021 03/JD(R) 01/RCA-ClU- 13(1)(e) Disproportionate
ACB/2019, ACB/2019, read with assets
dt.19.02.2019 dt.19.02.2019 13(2) of
PC Act
4. Sri.G.Rama Rao, learned senior counsel appearing for the petitioners submits that the petitioners are targeted and cases alleging possession of assets disproportionate to the known sources of income and submits baseless complaints were registered on the motivated complaints. It is submitted that the ACB authorities have tagged along the assets which are standing //8// on the names of parents of the petitioners, wives of the petitioners, family members etc., though there is no co-relation to the allegations and the assets of the family members of the petitioners.
5. It is submitted that as on the date of registration of the FIRs which are under challenge by the petitioners, the Central Investigation Unit (CIU), Anti Corruption Bureau (ACB), Andhra Pradesh, Vijayawada was not notified as a police station by the State.
Section 2(o) of Cr.P.C., defines Officer Incharge of the Police Station. Section 2(s) of Cr.P.C., defines a Police Station.
6. It is submitted that none of the cases could have been registered against the petitioners without notifying CIU, ACB, Vijayawada, Andhra Pradesh as a Police Station. It is submitted that GOMs.No.268 HOME (PSC) DEPARTMENT, dated 12.09.2003 has notified various offices of ACB as police stations and Joint Director (Andhra), Hyderabad had jurisdiction over Srikakulam, Vizianagaram, Visakhapatnam, East Godavari, West Godavari, Krishna and Guntur District.
7. It is submitted that Joint Director, ACB, Rayalaseema, Hyderabad had jurisdiction over Prakasam, Neltore, Chittoor, Kadapa Ananthapur and Kurnool Districts. Joint Director Central Investigating Unit, ACB, Hyderabad had jurisdiction over the entire //9// state of Andhra Pradesh. That apart, 13 Deputy Superintendents of Police in ACB in 13 Districts of the State were notified as Police Stations. Inspectors of Police in ACB in the Districts were not notified as Police Stations under Section 2(S) of Cr.P.C.,
8. It is submitted that proceedings of authorization under Section 17 of the Prevention of Corruption Act (PC Act) could not have been issued by the Joint Director, (Rajayalaseema) Anti Corruption Bureau, Andhra Pradesh, Vijayawada without being notified as a police station. It is also submitted that authorization proceedings to the Inspector of Police, CIU, AP, Vijayawada could not have been issued as the Inspector of Police cannot be considered as an Officer reporting under his jurisdiction without notifying the Inspector of Police, CIU, AP, Vijayawada as a police station.
9. It is submitted that the Inspector of Police also without realizing that an FIR could not have been registered without the notifying his office as a police station under Section 2(S) of Cr.P.C., It is also submitted that the Deputy Director, CIU, ACB, AP, Hyderabad is of the Rank of Additional Superintendent of Police and would not be empowered to issue authorization proceedings to register disproportionate assets case. Section 17 of Prevention of Corruption Act, an officer not below the Rank of Superintendent of Police should issue authorization proceedings. It is submitted W10// that after re-organization of the State and before shifting of the offices of ACB to Vijayawada in June, 2016, there was no post of Joint Director, CIU, ACB, AP, Vijayawada was in existence. It is also submitted that after reorganization of the state and bifurcation of ACB as ACB, AP and ACB, Telangana. The post of Joint Director, CIU, ACB for the State of Andhra Pradesh is not continued at Hyderabad.
10. The learned senior counsel further submits that the petitioners gathered information under the RTI Act from the Deputy Director, CIU and PIO (RTI Act), ACB, AP, Vijayawada regarding notifying of new police stations in ACB. It was categorically stated in the reply letter C.No.2/RTI/2020, dated 29.01.2020, that the Government of Andhra Pradesh has not notified any new Post/Office in ACB as Police Station after reorganization of the State with effect from 02.06.2014.
11. It is submitted that the said information makes it amply clear that the Inspector of Police, (CIU), ACB, Vijayawada did not exist as a Police Station as on the date of registration of any of the crimes. It is submitted that the information that all officers of ACB are notified as Police Stations under GOMs.No.268, dt. 12.09.2003 ISi_ neither correct nor in accordance with the required procedure. It ISi^ submitted that as per GOMs.No.268, the Deputy Superintendents //II// of Police of 13 Districts of Andhra Pradesh were notified as Police Stations and DSPs of CIU, ACB, AP, Vijayawada were not notified as Police Stations.
12. It is also submitted that the Government of Andhra Pradesh has not issued any Orders/Gazette notification duly adopting GOMs.No.268 by incorporating the necessary modifications as is mandatory under Section 101 of AP Reorganization, Act, 2014. It is also submitted that after reorganization the ACB Court at Hyderabad was allotted to Government of Telangana and CIU, ACB, AP, Vijayawada cannot file applications before ACB Court at Hyderabad after reorganization.
13. Registration of FIR on the file of a Non-existing police station is void ab-initio. It is submitted that the hierarchy of the Police Department such as CID, Intelligence and SIB above the rank of Deputy Superintendent of Police is as follows ;
Addl.SP > SP > DIG > IG > Addl.DG > and DG
14. Whereas, in ACB, the above DSP, the hierarchy of officers is as follows :
DD > JD > Addl.Dir > Director > Addl.DG/DG
15. It is submitted that there are no orders on records as on date which notify the cadre of a Joint Director in ACB as equivalent to //12// the cadre of Superintendent of Police. It is submitted that after the reorganization of the State, the Director General of Police, AP had requested the Government to issue orders for declaring the office as Crime Investigation Department (CID) as a police station for the entire state of Andhra Pradesh. The Government also issued proceedings for shifting the police station from Hyderabad to Amaravathi. So also, permission was accorded for shifting Cyber Crime Police Station from Hyderabad to Amaravathi and Government Orders were issued for shifting of the Offices. It IS also submitted that GOMs.No.8, dated 09.01.2019 has notified Central Crime Stations as a Police Station. So also, Special Investigation Team (SIT), vide GORt.No.344 General Administration (SCD) Department, dated 21.02.2020 was notified to investigate into various procedural, legal, financial, irregularities and fraudulent transactions and SIT would function as a Police Station, the same is notified vide GOMs.No.35, dated 24.02.2020.
16. It is further submitted that the Special Courts for ACB Cases could not have entertained applications from CIU, ACB, AP, Vijayawada for grant of warrants of Search and Seizure, remand, attachment orders etc., It is submitted that the Courts could not have been approached for cases registered on the file of an un- notified police station(s).
//13//
17. It is also submitted that, the petitioners have been victimized and were falsely implicated at the behest of some vested interest who have addressed frivolous complaints with untrue allegations. Registration of crimes against the petitioners has derailed the petitioners career and service records. That apart, registration of false cases against the petitioners resulted in loss of reputation and credibility of the petitioners in the society.
18.lt is submitted that the respondent/authorities could not have registered a case against the petitioners in the first instance and subsequently resorting to arresting the petitioners and remanding them to judicial custody. When the police station itself was not notified the respondents had no basis or foundation for registering a case and investigating the case and building up a case against the petitioners without the foundation.
19. The learned Advocate General appears for the State and submits that the petitions are not maintainable and that after the reorganization of the state. The laws existing as on the date of reorganization and the laws, circulars, memo existing as on the date of bifurcation on the United State of Andhra Pradesh was duly deemed adopted under Section 101 of the Andhra Pradesh State Reorganization Act, 2014. It is also submitted that Section //14// 105 of the AP Reorganization Act would also have to be read as applicable to the facts of this case.
20. It is submitted that GOMs.No.268, dated 12.09.2003 notified the various officers of Anti Corruption Bureau as Police Stations and the jurisdiction of the police stations were also notified. It is submitted that Joint Director CIU, ACB, Hyderabad and Joint Director. Special Enquiry Section, ACB, Hyderabad is a notified police station exercising jurisdiction over the entire state of Andhra Pradesh.
21. The learned Advocate General further submits that non-shifting of the offices physically from Hyderabad soon after the bifurcation of the State should not have any bearing on the pending cases. It is also submitted that mere irregularity in registration of case cannot vitiate the investigation done so far. It is also submitted that the petitioners would have to establish grave and irreparable prejudice in the investigation conducted. In absence of any direct prejudice to the petitioners, the criminal proceedings cannot be quashed.
22. It is submitted that the petitioners cannot seek for quash of cases at the threshold without investigation. The continued reliance of the petitioners on technicalities seeking quash of proceedings on mere technicalities ought not to be entertained.
//15//
23. It is submitted that cases were registered only after receipt of complaints and only after preparation of source report. It is submitted that source reports are verified by senior officers and only after subjective satisfaction, the senior officers would accord authorization proceedings for registering a case.
24. It is specifically denied that Deputy Director, who is the rank of Additional Superintendent of Police has ever issued authorization proceedings to register cases and that the Joint Director is of the Rank of a Superintendent of Police and the authorization proceedings were properly issued by the competent officer.
25. It is further submitted that GOMs.No.170, which was issued one day prior the appointed date and that the same would be applicable to the state of Telangana and the state of Andhra Pradesh.
26. It is submitted that the petitioners are harping on non-notification of CIU, ACB, AP, Vijayawada as a police station would not have any bearing on the cases filed against the petitioners, as the Director General, ACB, AP was shifted to Vijayawada and CIU, ACB is a part of DGP, ACB. It is submitted that Joint Director, CIU, ACB is already declared as a police station vide GOMs.No.268, dated 12.09.2003.
//16//
27. It is also submitted by the learned Advocate General that the petitioners are facing serious allegations under the Prevention of Corruption Act and that the respondent authorities have ample evidence to prove the allegations against the petitioners before the Trial Court. Accordingly, it is prayed that the petitions be dismissed. The learned Advocate General places reliance on The State, Central Bureau of Investigation Vs. A.Satish Kumar & Ors.\ the Hon'ble Supreme Court dealt with the SLP filed by the CBI. The High Court of AP quashed the cases primarily on the ground that the state had not extended the jurisdiction of CBI by a notification. The State had also not notified the Court having jurisdiction, as such, had quashed the cases. The Hon'ble Supreme Court had dealt in detail and allowed the appeals and restored the cases to files. The Hon'ble Supreme Court has held that the High Court had erred in holding that there was no notification issued conferring the status of Special Court in terms of Section 4 of the PC Act to the CBI Court, Hyderabad. Now, the transfer of cases concerned subsequent to the CBI Policy Division Order redefining the territorial jurisdiction of CBI, Hyderabad and Visakhapatnam branches dated 28.03.2019 and a subsequent notification was issued by High Court of Telangana and transfer of ' SLP (Crl.).No.10737 of 2023, decided on 02.01.2025 //17// cases to the Court of Special Judge for CBI Cases, Kurnool was upheld by the High Court.
28. The learned senior counsel appearing for the petitioners in reply submits that the fundamental issue relating to non-notification of the police station and the locus of the complaints filed ini a non- notified police station is not effectively replied by the state.
29. It is submitted that section 154(1) of Cr.P.C., refers to Officer Incharge of a police station. It is submitted that the FIR registered against the petitioners refers to ACB, CIU, Vijayawada as a police station and the Inspector who registered the case also endorses his signature as if Anti Corruption Bureau, AP, Vijayawada IS a notified police station.
30.lt is submitted that GOMs.No.137, dated 14.09.2022 notified CIU, ACB, AP, Vijayawada as a police station with jurisdiction over entire state of Andhra Pradesh and a clarification notification was issued. It is admittedly stated in the said GO that the state has not issued any notification by notifying the office of Joint Director, Central Investigation Unit, Anti Corruption Bureau, Vijayawada as a police station having jurisdiction to the residual state of Andhra Pradesh.
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31. It is submitted that the clarification notification cannot rectify the fundamental mistake and it is submitted that the cases registered against the petitioners deserve to be quashed as they are registered without any authority. The illogical registration of cases would have to be quashed as there is no basic foundation for the respondent/authorities to direct registration of cases in a police station which is not notified.
32. Heard the learned senior counsel for the petitioners, learned Advocate General for the respondents. Perused the material on record.
33. The judgment relied upon by the learned Advocate General (supral) cannot be made applicable to the facts of the case as the Hon ble Supreme Court dealt with the issue relating to the cases which were transferred from Hyderabad to the jurisdictional state in the Andhra Pradesh and has duly considered that the notification which was issued subsequently by the High Court of Telangana was considered as a rectifiable mistake. On the facts of the present criminal petitions, the registration of crimes at a place which is neither declared generally nor notified specially as a police station could not have registered the cases. The subsequent notification dated 14.09.2022 notifying CIU, ACB, AP, //19// Vijayawada as a police station cannot rectify the fundamental error committed by the respondents.
The relevant provisions of Cr.P.C., which clear the air on the issue are as follows ; Section 154(1) Cr.P.C., reads as follows ;
154 (1) Information in cognizable cases.
1.(1)Every information relating to the commission of a cognizable offence, if given orally to an officer-in- charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. [Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] [Inserted by Criminal Law (Amendment) Act, 2013 /section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer;
Provided further that-
(a)in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D section 376, [section 376A, section 376AB section 376B, section 376C. section 376D, section 376DA, section 376DB.] [Substituted 'section 376A, section 376B, section 376C, section 376D,' by Criminal Law (Amendment) Act, 2018 (22 of 2018), dated /1.8.2078./section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then /720// such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;
(b)the recording of such information shall be video-
graphed;
(c)the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.](2) A copy of the information as recorded under sub section (1) shall be given forthwith, free of cost, to the informant.
(3)Any person aggrieved by a refusal on the part of an officer-in-charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer-in-charge of the police station in relation to that offence.
34. Investigation of any case would have to start on receipt of a complaint. The complaint would have to be lodged before a police officer who is the incharge of a police station. For setting the criminal law in motion the following are essential ;
(a) complaint
(b) office incharge of police station
(c) Police Station.
35. Section 2(d) defines a complaint as (d) "complaint" means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether //21// known or unknown, has committed an offence, but does not include a police report.
Explanation A report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;.
Section 2(o) defines as "officer in charge of a police station"
includes, when the officer in charge of the police station ISL absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;
Section 2(s) defines as "police station means any post or place declared generally or specially by the State Government,
36. A complaint would have to be lodged before the officer incharge of a police station for setting the criminal law in motion. Every and any place cannot be considered or regarded as a police station without the said place being declared generally or specially by the State Government. Such declaration ought to be in the form of a notification, such a notification ought to be published in the official gazette.
37. No police officer can assume jurisdiction as a officer incharge of a police station which is not notified in the official gazette. The police officer cannot discharge the role of an officer incharge of a police station which is not notified. Such a police officer cannot II22II also register a case in a place/office which is neither declared nor notified as a police station.
38. The concept of registering a zero FIR is distinct for the FIRs registered in the jurisdictional police stations. The victim can register a case in any police station irrespective of the jurisdiction. Such zero FIR would be sent to the jurisdictional police station for further investigation.
39. The cases on hand are distinct from zero FIRs. The FIRs were registered in a ptace/office which was not declared generally or specially by the State Government to be a police station. As such, the office where the crimes were registered against the petitioners cannot be considered as a police station defined under Section 2(s) of the Cr.P.C.,
40. The notification issued by the State on 14.09.2022 duly notifying Central Investigation Unit Anti Corruption Bureau Andhra Pradesh, Vijayawada as a police station with jurisdiction over entire state of Andhra Pradesh and issuance of GOMs.No.137, HOME (SERVICES-lll) DEPARTMENT, dated 14.09.2022 cannot come to the rescue of the state in maintaining the complaints registered against the petitioners much prior to 14.09.2022.
1122,11
41. The clarification issued by the state in GOMs.No.137, dated 14.09.2022 that the office of Joint Director, CIU, ACB, AP, Vijayawada, shall be construed as a police station with Jurisdiction extending to the entire state of Andhra Pradesh, corresponding to the office of Joint Director, Central Investigation Unit, Anti Corruption Bureau, Hyderabad in relation to State of Telangana also cannot come to the rescue of the state.
Section 102 of the Andhra Pradesh Reorganization Act, 2014 reads as follows ;
Section 102 : Power to construe laws. - Notwithstanding that no provision or insufficient provision has been made under Section 101 for the adaptation of a law made before the appointed day, any Court, Tribunal or authority, required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the State of Andhra Pradesh or the State of Telangana, construe the law in such manner, without affecting the substance, as may be necessary or proper in regard to the matter before the court. Tribunal or authority.
42. The State in issuing the GOMs.No.137 HOME (SERVICES - III) DEPARTMENT, dated 14.09.2022 has effectively notified CIU, ACB, AP, Vijayawada as a police station with jurisdiction over the entire state of Andhra Pradesh. Thus, powers conferred under Section 2(s) of Cr.P.C., have been exercised by the State in notifying it as a police station. The said GO is prospective in effect and the same cannot aid the respondents in maintaining any of the cases registered prior to the date of notification i.e., 14.09.2022.
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43. All the crimes were registered by Inspector of Police, CIU, ACB, AP, Vijayawada prior to 14.09.2022, the date of notification of CIU, ACB, AP, Vijayawada as a designated police station having jurisdiction over the entire state of Andhra Pradesh. As such, all Ihe crimes registered prior to notifying CIU ACB, AP, Vijayawada as a police station deserve to be quashed.
44. Accordingly, all the criminal potitions are allowed and accordingly Crime Nos. 15/RCA-CIU-ACB/2016 cit.22.10.2016. 2/RCA-CIU-ACB/2020. dt.09.03.2020, 06/RCA-CIU-ACB/2018, dt.01.11.2018, 15/RCA-CIU-ACB/2017. dt.16.11.2017, 15/RCA-CIU-ACB/2017, dt. 16.11.201 7, 15/RCA-CIU-ACB/2017, dt.16.11.2017, 08/RCA-CIU-ACB/2018, dt.28.12.2018, 03/RCA-CIU-ACB/2017. dt.16.03.2017, 01/2017, dt.04.01.2017, 10/RCT-ACB-CIU/2017, dt.19.09.2017 16/2016, dt.02.11.2016 08/RCA-CIU-ACB/2017, dt.17.06.201 7 9/RCA-CIU-ACB/2017, dt.21.06.2017, 05/RCA-CIU-ACB/2017. dt.05.05.2017 01/RCA-CIU-ACB/2019, dt.19.02. 2019 are hereby quashed, As a sequel, miscellaneous petitions pending, if any, shall stand closed.
SD/- K SRINIVASA RAJU
//true copy// assistant RE(3i^TRAR
SECTION OFFICER
One Fair Copy to
the Honourable Sri Justice Harinath.N
To
t ■ The Special
(For his Lordships Kind Perusal)
Judge for SPE and ACB cases
Visakhapatnam Dist rict Visakhapatnam,
I
investtgation Unit (CIU), Anti-Corrupt,on
2. The Inspector of Police, Central
3. The Deputy Superintendent Krishna District Anti-corruption Bureau (ACB), Vijayawada,
4. One CC to Sri Ghanta Sridhar, Advocate jOPUC] 5 One CC to Sri Venkateswarlu Gadipudi, Advocate [OPUCj [OPUCj 6, One CC to Sri Phani Babu Yalamanchrli, Advocate
7. One CC to Sri Dasari S.V,V,S,V.Prasad, Advocate (OPUCj
8. One CCto Sri Ch.Venkat Raman , Advocate [OPUC]
9. One CC to Sri k; Prabhakar, Advocate [OPUC] Sunder Rao, Standing Counsel -cum-Spl.P P-
10.Two CC's to Sri S.Syam for ACB [OUT]
11.Eleven (11) L.R. Copies.
12 The Under Secretan/, Union ion of India, Ministry of Law, Justice and Company Affairs, New Delhi.
Court Advocates' Association 13 The Secretary, Andhra Pradesh ^'9^ Library, High Court Buildings, Amaravathi
14.Three CD Copies.
GPC Cnr HIGH COURT GPC DATED: 01/08/2025 ORDER CRLP Nos: 3955, 197, 433, 1376, 2211, 2253, 2451, 3808, 4308 & 4831 OF 2021, 4469, 5844, 5958 & 5985 OF 2020 AND 2066 OF 2023 KO :ic OB A Uf; tfli c> ■5- Current Section ^ ALLOWING THESE CRIMINAL PETITIONS