1 APHC010180412022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3178/2022 Between: Dabbakuti Naga Surendra ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3178/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/ Accused, seeking quashment of the proceedings against him in FIR in Crime.No.102 of 2022 on the file of Rajahmundry III Town Police Station, Rajamahendravaram Urban District, East Godavari District. 2. Heard Sri Battula Sanjaiah Gandhi, learned counsel representing Sri Naga Praveen Vankayalapati, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that from the contents of the complaint, it is clear that the alleged relationship between the Accused and the respondent No.2 is a consensual relationship. Such being the case, no offence is made out against the petitioner. Learned counsel would further submit that Court may pass appropriate Orders without causing any prejudice to the rights and contentions of the petitioner. 4. Per contra, learned Assistant Public Prosecutor would submit that there are clear allegations against the petitioner to attract the offence punishable under Sections 376 & 420 of IPC and Section 3(2)(v) of SCs & STs (POA) Act. 3 Learned Assistant Public Prosecutor finally submits that the Court may pass appropriate Orders. 5. Since there is verifiable material which require Trial is present in this matter. Having heard the submissions of learned counsel representing both sides and a fair look at the contents of the information furnished to the Police by the respondent No.2, there is prima facie material to attract the offences punishable under Sections 376 & 420 of IPC and Section 3(2)(v) of SCs & STs (POA) Act. In that view, it is not a fit case for quashment. 6. Hence, without causing any prejudice to the rights and contentions of the petitioner, the petition is disposed of. However, the petitioner is at liberty to raise all their contentions before the Trial Court in his defence. Learned Trial Judge may appreciate the same and take appropriate decision according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.01.2025 UPS 4 54 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.3178 of 2022 Dt.21.01.2025 UPS