Andhra Pradesh High Court - Amravati
Vemuri Radha Krishna vs The State Of Andhra Pradesh on 30 July, 2024
HIGH COURT OF ANDHRA PRADESH
MAIN CASE:Crl.P.No.1100 OF 2024
PROCEEDING SHEET
Sl. OFFICE
ORDER
No DATE NOTE
09. 30.07.2024 BVLNC, J
I.A.No.02 of 2024
Heard Sri Ginjupalli Subba Rao, learned counsel for the petitioner and Sri Sambasiva Pratap, learned Additional Advocate General representing the State.
Learned counsel for the petitioner would submit that this Court on 21.03.2024 dispensed with the presence of the petitioner/A-2 before the trial Court, except on the occasions when the learned trial Judge feels that his presence is necessary. The proceedings before the learned trial Judge are coming for furnishing copies under Section 207 Cr.P.C., but the learned Sessions Judge is insisting the presence of the petitioner, though he is represented by a counsel to receive the documents.
He would further submit that in view of the judgment of the Hon'ble Apex Court in K.K.Mishra Versus State of Madhya Pradesh and Another1 the complaint filed under Section 199(2) Cr.P.C. before the learned Sessions Judge against the petitioner is not Contd., 1 (2018) 6 SCC 676 ::2::
sustainable in law, as alleged offence is not with respect to the acts/conduct of a public servant in discharge of public functions, and the alleged allegations pertains to reporting about information relating to a criminal case only, and he would further submit that in similar circumstances, this Court in Criminal Petition No.1506 of 2023 vide order dated 19.07.2023, which was filed by the petitioner herein granted interim stay of the proceedings before the trial Court, including appearance of the petitioner, pending disposal of the case before this Court.
Learned Additional Advocate General would submit that there is no quarrel with regard to principles laid down by the Hon'ble Apex Court in K.K.Mishra Versus State of Madhya Pradesh and Another, on Section 199(2), 4 and 6 of Cr.P.C. 1973, wherein it was held that "the offence alleged to have been committed must be in respect of acts/conduct in discharge of public functions of the functionary or public servant concerned, as may be".
He would further submit that in the light of acts alleged in the complaint relating to the present case, which relates to a report published in newspaper about investigation in a criminal case, necessary orders may be passed, in view of the judgment of the Hon'ble Apex Court.
Contd., ::3::
Considering the above submissions of the learned counsel for the petitioner and learned Additional Advocate General, and in view of the judgment of the Hon'ble Apex Court in K.K.Mishra Versus State of Madhya Pradesh and Another, where the Hon'ble Supreme Court held that the offence alleged to have been committed must be in respect of acts/conduct in the discharge of public functions of the functionary or public servant concerned, as case may be, and considering the allegations made in the impugned complaint filed by the 2nd respondent, "there shall be interim stay as prayed for including appearance of the petitioner for a period of six (06) weeks".
List the matter on 27.08.2024.
__________ BVLNC, J Crl.P.No.1100 of 2024 At request of learned Additional Advocate General, list the matter on 27.08.2024.
__________ BVLNC, J Pmk