APHC010311212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 5710/2024 Between: 1. TUMMALAPALLI RAKESH @ RAJESH, S/O RAMBABU, AGE 23 YEARS, R/O.K.GANGAVARAM K.GANGAVARAM MANDAL, KONASEEM DIST. OLD E.G.DIST. ...PETITIONER/ACCUSED AND 1. PENTAPATI PRAKASH, S/O VENKATESWARA RAO A/34 YEARS, K.GANGAVARAM R/O.K.GANGAVARAM, K.GANGAVARAM MANDAL, KONASEEM DIST,OLD E.G.DIST 2. THE STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI.. ...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 Court may be pleased to call for the records and Quash the proceedings against the Petitioner/Accused-5 in C.C.No.401 of 2023 on the file of Principal Junior civil judge cum Judicial first class magistrate, Ramachandrapuram Counsel for the Petitioner/accused: 1. ANGADA SATYA RAGHAVENDRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. DEVARAYALU B M 2 The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the Petitioner/A.5, seeking quashment of the Proceedings against him in CC No.401 of 2023 on the file of the court of Principal Junior Civil Judge-Cum-Judicial First class Magistrate, Ramachandrapuram, registered for the offence punishable under Section 324 read with 34 IPC. 2. Heard Sri Angada Satya Raghavendra, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.2 /State and learned counsel for respondent No.1. Perused the material on record. 3. Learned counsel for the Petitioner would submit that respondent No.1 filed this case as a counter blast to the case filed by A.1 in CC No.67 of 2022 on the file of the Court of Principal Junior Civil Judge-cum-Judicial First class Magistrate, Ramachandrapuram. Further, petitioner /A.5 is innocent of the offence and that he is falsely implicated in this case and there is no iota of evidence to show that petitioner beat the de facto complainant. Learned counsel would submit that except bald and omnibus allegations, no specific overt acts are attributed against the petitioner. 4. At this juncture, learned counsel for the Petitioner restricted the prayer to dispense with the presence of the petitioner before the Trial Court. 1. For short ‘the Code’ 3 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions made, the Criminal Petition is disposed of dispensing with the presence of the Petitioner/A.5 before the Trial Court, except on the specific dates as directed by the Trial Court. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.5710 of 2024 02.09.2025 Mjl /*