1 M 9 APHC010337392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7010 OF 2025 Between: Yelagati Nagaraju, S/o. Raghavuiu, aged about 32, Opposite to Guptha's Hair Company, Kothagudem, 10th Division, Eluru ...Petitioner/Accused AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent No.1 2. Yekula Vijayalakshmi, W/o. Sekhar, aged about 27 Year, Kothagudem, Eluru ...Respondent No.2/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against petitioner- 1 in PRC.25 of 2025 Principal Junior Civil Judge Court at Eluru, On the file Eluru I Town Police Station in crime no. 175 of 2024, Eluru District under section 75(1), 79,351 (2) r /w 3(5) BNS 2023 lA NO: 2 OF 2025 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 grant stay of all further proceedings In pursuant to the proceedings in PRC . 25 of 2025 Principal Junior Civil Judge Court at Eluru, On the file Eluru I Town Police Station in crime no. 175 of 2024, Eluru District under section 75(1), 79,351 (2) r /w 3(5) BNS 2023, Counsel for the Petitioner: SRI G. KOTINAGULU Counsel for the Respondents: Ms. K PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR The Court made the following order: % 1 APHC010337392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7010/2025 Between: 1.YELAGATI NAGARAJU S/O. RAGHAVULU, AGED ABOUT 32, OPPOSITE TO GUPTHA'S HAIR COMPANY, KOTHAGUDEM, 10TH DIVISION, ELURU )) ...PETITIONER/ACCUSED AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH, PROSECUTOR, AMARAVATI. 2.YEKULA VIJAYALAKSHMI, W/O. SEKHAR, AGED ABOUT 27 YEAR, KOTHAGUDEM,ELURU ...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 Courtpleased to quash the proceedings against petitioner- 1 in PRC. 25 of 2025 Principal Junior Civil Judge Court at Eluru, On the file Eluru I Town Police Station in crime no. 175 of 2024, Eluru District under section 75(1), 79,351 (2) r /w 3(5) BNS 2023 lA NO: 1 OF 2025 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 pleased to dispense with the filing of the certified copy of the PRC . 25 of 2025 Principal Junior Civil Judge Court at Eluru, On 0 2 the file Eluru I Town Police Station in crime no. 175 of 2024, Eluru District under section 75(1), 79,351 (2) r /w 3(5) BNS 2023, lA NO: 2 OF 2025 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 pleased to grant stay of all further proceedings In pursuant to the proceedings in PRC . 25 of 2025 Principal Junior Civil Judge Court at Eluru, On the file Eluru I Town Police Station in crime no. 175 of 2024, Eluru District under section 75(1), 79,351 (2) r /w 3(5) BNS 2023, Counsel for the Petitioner/accused: 1.G KOTINAGULU Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7010 /2025 ORDER: The instant petition under Section 528 of BNSS., has been filed by the Petitioner/Accused No.1, seeking quashment of the proceedings pending against him in P.R.C.No.25 of 2025 on the file of the learned Principal Junior Civil Judge Court at Eluru in Crime No. 175 of 2024, I Town Police Station, Eluru District for the offences punishable under Sections 75(1), 79, 351(2) r/w 3(5) of BNS. Eluru, Heard Sri G.Koti Nagulu, learned counsel for the petitioner/Accu sed No.1 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on 2. behalf of the State. Learned counsel for the petitioner would submit that the petitioner and victim are neighbours. A false case has been lodged against the petitioner. / Learned counsel for the petitioner prays to stay all further proceedings in this 3. matter. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition stating that the Police after due investigation laid charge sheet against the accused. There are specific allegations made against him to attract the offences punishable under Sections 75(1), 79, 351(2) r/w 3(5) of BNS. Learned Assistant Public Prosecutor finally prays for dismissal of the 4. petition. 4 5. Considering the submissions made and a fair look at the material placed on record, since there are prima facie allegations made against the petitioner, in addition to that the Police after due investigation laid charge sheet and it is numbered as P.R.C.No.25 of 2025, at this stage, when there is verifiable material on record, this Court cannot quash such proceedings. However, the request of the petitioner to dispense the presence of the petitioner before the trial court is considered. The petitioner has to appear before the concerned Magistrate Court and cooperate with committal proceedings. After appearance of the petitioner before the Sessions Court on receipt of summons, his presence can be dispensed with unless his presence is specifically directed by the Court. 6. In the result, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. \ Sd/- K J RAJA BABU assistant registrar \ //TRUE COPY// SECTION OFFICER To, Division), Eluru, West Godavari Police Station, West Godavari Principal Civil Judge (Junior 1. The District 2. The Station District 3. One CC to Sri. G 4. Two CCs to the Pradesh at Amaravathi [OUT] 5. Two CD Copies House Officer, Eluru I Town KOTINAGULU, Advocate [OPUC] PUBLIC PROSECUTOR, High Court of Andhra Stu nm high court DATED:14/07/2025 ORDER CRLP NO . 7010 OF 2025 the crim'N'^'- petition DISPOSING OF nm