Andhra Pradesh High Court - Amravati
Vemuri Radha Krishna vs The State Of Andhra Pradesh on 11 September, 2025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
THURSDAY ,THE ELEVENTH DAY OF SEPTEMBER Mi mn
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATA^
CRIMINAL PETITION NO: 8334 OF 2025
Between:
Vemuri Radha Krishna, S/o. Nageswara Rao, Aged 64 years. Managing
Director, M/s. Amodha Publications Pvt. Ltd., Ashwini Layout, Huda Heights,
Road No.70, Jubilee Hills, Hyderabad, Telangana State.
Petitioner/Accused No.2
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High
Court of Andhra Pradesh at Amaravati, Guntur District.
Respondent
2. The State Public Prosecutor, State of Andhra Pradesh, Amaravati.
Respondent/Complainant
Petition under Section 528 of BNSS, 2023(Section 482 of Cr.P.C),
praying that in the circumstances stated in the memorandum of grounds filed
in support of the Criminal Petition, the High Court may be pleased to quash in
C.C.No.27 of 2023 on the file of the IV Additional District and Sessions Judge,
Guntur.
lA NO: 1 OF 2Q2fi
Petition under Section 528 of BNSS, 2023(Section 482 of Cr.P.C),
praying that in the circumstances stated in the memorandum of grounds filed
in support of the Criminal Petition, the High Court may be pleased to grant
stay of all further proceedings including appearance of the petitioner in
C.C.No.27 of 2023
on the file of IV Additional District and Sessions Judge,
Guntur, Pending disposal of CRLP 8334 of 2025, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
memorandum of grounds filed in support thereof and upon hearing the
arguments of Sri GINJUPALLI SUBBA RAO. Advocate for the Petitioner and
of PUBLIC PROSECUTOR for Respondent, the Court made the following
ORDER
"Heard Sri Ginjupalli Subba Rao, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record.
Learned counsel for the petitioner would submit that in view of the judgment of the Hon'ble Apex Court in K.K.Mishra vs. State of Madhya Pradesh and Another, the complaint filed under Section 199(2) Cr.P.C. before the learned Sessions Judge against the petitioner is not 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 Nos. 1506 of 2023 and 1100 of 2024 vide orders dated 19.07.2023 and 30.07.2023 respectively, which were 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 Asst. Public Prosecutor would submit that there is no dispute with regard to principles aid down by the Hon'ble Apex Court In K.K.Mishra vs. 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" and 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 RTC buses, necessary orders maybe passed, in view of the judgment of the Hon'ble Apex Court.
Considering the above submissions and in view of the Judgment of the Hon'ble Apex Court in K.K.Mishra vs. 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 nd impugned complaint filed by the 2 respondent, "there shall be interim stay as prayed for including appearance of the petitioner for a period of six (06) weeks".
CRLP.No.8334 of 2025At request of learned Assistant Public Prosecutor, list the matter after four weeks."
Sd/- K.TATA RAO deputy REGISTRAR //TRUE COPY// SECTION OFFICER For To,
1. The IV Additional District and Sessions Judge, Guntur.
2. The State Public Prosecutor, State of Andhra Pradesh, Amaravati. (by RPAD)
3. One CC to SRI. GINJUPALLI SUBBA RAO Advocate [OPUC]
4. Two CCs to the PUBLIC PROSECUTOR, High Court of A.P [OPUC]
5. One spare copy psk HIGH COURT DR.VJP.J DATED: 11/09/2025 POST AFTER FOUR WEEKS ORDER CRLP.No.8334 of 2025 INTERIM STAY