APHC010353172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE TWELFTH DAY OF AUGUST i TWO THOUSAND AND TWENTY FIVE PRESENT ^ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5694 OF 2024 BETWEEN: Mohamad Suleman, S/o. Raffiddin, Now Aged about 23 years, R/o.D.No.5- 195,Muslim Street, Akiveedu Village and Mandal, West Godavari District. ...Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor High Court of A.P., at Amaravati. ... Respondent 2. The Sub-Inspector of Police, Akiveedu Police Station, West Godavari District. I ...Respondent/Complainant 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 High Court may be pleased to Quash the proceedings in C.C.No.312 of 2024 pending on the file of the II Additional Judicial Magistrate of First Class-cum-ll Additional Junior Civil Judge Court, Bhimavaram, West Godavari insofar as the Petitioner herein/ Accused No.2 in the interest of justice. the District, 4 lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C/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 of all further proceedings pursuant to the C.C.No.312 of 2024 pending on the file of the II Additional Judicial Magistrate of First Class-cum- II Addl. Junior Civil Judge Court, Bhimavaram, West Godavari District, insofar as the Petitioner herein/ Accused No.2, including appearance of the Petitioner/A-2 pending disposal of main Criminal Petition. Counsel for the Petitioner:- THE B CHANDRA SHEKHAR Counsel for the Respondent:- PUBLIC PROSECUTOR The Court made the following Order: 1 APHC010353172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5694/2024 Between: 1.MOHAMAD SULEMAN, S/O.RAFFIDDIN, YEARS NOW AGED ABOUT 23 R/O.D.NO.5-195,MUSLIM STREET, AKIVEEDU VILLAGE AND MANDAL, WEST GODAVARI DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor High Court of A.P., at Amaravati. ...RESPONDENT/COMPLAINANT 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 Quash the proceedings in C.C.No.312 of 2024 pending on the file of the II Additional Judicial Magistrate of First Class Junior Civil Judge Court, Bhimavaram -cum- II Addl. West Godavari District, insofar as interest of justice lA NO: 1 OF 2024 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 of all further proceedings pursuant to the C.C.No.312 of 2024 pending on the file of the II Additional Judicial Magistrate of First Class-cum- II Addl. Junior Civil Judge Court, Bhimavaram, West Godavari District, insofar as the Petitioner herein/ Accused No.2, including the Petitioner herein/ Accused No.2, in the 2 4c appearance of the Petitioner/A-2 pending disposal of main criminal petition ' and to pass Counsel for the Petitioner/accused: 1.B CHANDRA SHEKHAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 5694/2024 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.2, seeking quashment of the proceedings pending against him in C.C.No.312 of 2024 on the file of II Additional Judicial Magistrate of First Class-cum-ll Additional Junior Civil Judge Court, Bhimavaram, West Godavari District. 2. Heard Sri B.Chandra Shekhar, learned counsel for the Petitioner/Accused No.2 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that as per the SSC certificate and the certificate issued by the MRO, the age of the petitioner/accused No.2 was 17 years at the time of the crime. Learned counsel for the petitioner would further submit that the Court may pass appropriate orders in this matter, since, the police have shown the age of the petitioner as 20 years in the charge sheet wrongly. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 4 Considering the submissions, the Criminal Petition is disposed of. However, the learned Trial Judge is requested to look into the aspect of the age of the petitioner as on the date of the incident and decide it as expeditiously as possible, not more than 10 days from the date of receipt of copy of this Order and take appropriate steps by taking into consideration, the documents which are placed before this Court by the petitioner according to 5. -f"' law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// OFFICER SECTI To 1. The II Additional Judicial Magistrate of First Class-cum-ll Additional Junior Civil Judge Court, Bhimavaram, West Godavari District. 2. One CC to Sri. B. Chandra Shekhar, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Two C.D Copies. Ssl (gsg) HIGH COURT DATED:12/08/2025 ORDER CRLP NO. 5694 OF 2024 5( 0 <i SEP 2025 UfrentSectigaX^^ CRIMINAL PETITION IS DISPOSED OF