Dismissed¶37

K Nirmala Babu v. The State of Andhra Pradesh

Andhra Pradesh HC12 Jul 2026CRLP/5393/2026

Case brief

AI extract

What is this about?

Quash petition maintainability; Section 528 BNSS alternative remedy versus Section 239 CrPC discharge application; Crl.M.P.No.507 of 2015 dismissed by order dated 06.10.2022; ACB/SPE case C.C.No.15 of 2013, Special Judge Vijayawada; Prevention of Corruption Act 1988 S.13(2) r/w 13(1)(c) & (d); IPC SS.418, 420, 477-A; co-accused A5/A6 revisions Crl.R.C.Nos.1022 and 1042 of 2022 allowed 11.02.2026; criminal petition dismissed with liberty to challenge discharge-dismissal order; interlocutory applications closed.

What did the court decide?

Liberty to challenge the order dated 06.10.2022 passed in Crl.M.P.No.507 of 2015 in C.C.No.15 of 2013, in accordance with law. ¶37

K Nirmala Babu Vs The State of Andhra Pradesh — Corruption | Andhra Pradesh HC (2026)

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[3504]

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APHC010337152026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MON D AY, THE 13^th DAY OF JULY 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5393/2026

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Between:

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K NIRMALA BA B U, S/O NAGESWARA RAO,AGE D ABOUT 67 YEARS,OCC DEP U TY EXECUTIVE ENGINEER RETIR E D5-1-36, VSR COLLEGE ROAD, T ENALI, GUNTUR DISTRICT.

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...PETITIONER/ACCUSED

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AND

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THE STATE O F ANDHRA PRADESH, ,REP. BY PUBLIC PROSECUTOR,HI G H COURT OF A.P. AMARAVATHI.

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ANTI CORRUPTION BUREAU, ACB,REP BY.ITS. RANGE INSPECTOR-1VIJ A YAWADA RANGE, VIJAYAWADA, NTR DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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Petition under Sec t ion 437/438/439/482 of Cr.P.C an d 528 of BNSS praying that in the circu m stances stated in the Memorandu m of Grounds of Criminal Petition, the Hi g h Court pleased quashing the C.C.No.15 of 2013 on the file of Special Jud g e for SPE & ACB Cases, Vijayaw a da against the petitioner/Accused No. 1 2 under section 13(2) read with 13(1 ) (c) and 13(1)(d) of the Prevention of Corruption Act, 1988 and Sections 418, 420 and 477-A IPC, in the interest of j u stice and to prevent abuse of process of court, and pass

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IA NO: 1 OF 2026

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Petition under Section 482 of Cr.P.C and 528 of BNSS p r aying that in the circumstances stated in t he Memorandum of Grounds of Criminal Petition, the High Court may be ple a sed to dispense with certified copy o f C.C.No.15 of

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MRK,J Crl.P.No.5393 of 2026

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2013 on the file of Special Judge for SPE & ACB Cases, Vijayawada, and pass

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IA NO: 2 OF 2026

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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 stay all further proceedings the C.C.No.15 of 2013 on the file of Special Judge for SPE & ACB Cases, Vijayawada against the petitioner/Accused No.12, including appearance of the petitioner, pending disposal of the Criminal petition, and pass

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Counsel for the Petitioner/accused:

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1.KRUPACHAND GOGINENI

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Counsel for the Respondent/complainant(S):

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1.S.SYAM SUNDER RAO SC cum Spl P.P. For ACB

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MRK,J Crl.P.No.5393 of 2026

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The Court made the following Order:

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Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A12) seeking to quash the charge sheet in C.C.No.15 of 2013 on the file of the Special Judge for SPE & ACB Cases, Vijayawada, wherein he was charged with the offences punishable under Section 13(2) read with Section 13(1)(c) & (d) of the Prevention of Corruption Act, 1988.

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Heard learned counsel for the petitioner and Mr. S.Syam Sunder Rao, learned Standing Counsel-cum-Special Public Prosecutor for ACB appearing on behalf of respondents.

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Learned counsel for the petitioner advanced arguments on various aspects of the matter.

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Per contra , the learned Standing Counsel-cum-Special Public Prosecutor for ACB raised a preliminary objection regarding the maintainability of the present quash petition on the ground that the petitioner had earlier filed a petition under Section 239 of the Code of Criminal Procedure i.e., Crl.M.P.No.507 of 2015 in C.C.No.15 of 2013 on the file of the Special Judge for SPE & ACB Cases-cum-III Additional District Judge, Vijayawada, seeking discharge, and the same was dismissed. Instead of challenging the said order by filing a Criminal Revision Case, the petitioner has filed the present quash petition. Therefore, the present Criminal Petition is not maintainable.

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MRK,J Crl.P.No.5393 of 2026

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In reply, the learned counsel for the petitioner submits that, in the very same C.C.No.15 of 2013, A5 and A6 also filed discharge petitions before the trial Court, which were dismissed. Aggrieved thereby, they preferred Crl.R.C.Nos.1022 and 1042 of 2022 before this Court, and this Court, by order dated 11.02.2026, allowed the revisions after considering the facts of the case and the legal position.

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At this stage, the learned counsel for the petitioner fairly submits that he would advise the petitioner to challenge the order dated 06.10.2022 passed in Crl.M.P.No.507 of 2015 in C.C.No.15 of 2013.

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In view of the above facts and circumstances, the Criminal Petition is dismissed. However, the petitioner is at liberty to challenge the order dated 06.10.2022 in accordance with law.

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As a sequel, Interlocutory Applications pending, if any, shall stand closed.

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______________________________ MAHESWARA RAO KUNCHEAM, J

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Dated: 13.07.2026 MDP

K Nirmala Babu v. The State of Andhra Pradesh

Case brief

What is this about?

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K Nirmala Babu v. The State of Andhra Pradesh

Case brief

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