APHC010355822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7361/2025 Between: 1. SHAIK HAMDI, S/O.CHANDULAL, AGED 48 YEARS, MUSLIM, RESIDING AT D/NO. 9-71-26, GULAB MOHIDDIN STREET, NEAR ROYAL HOTEL KOTHAPETA, VIJAYAWADA CITY ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS STATION HOUSE OFFICER, II TOWN POLICE STATION, VIJAYAWADA CITY, THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. MD KHAJA, S/O. BASHA, AGED 37 YEARS, MUSLIM, DR.NO 19-17- 113/B, KAMASALIPETA MAIN ROAD NYZAM GATE, VIJAYAWADA, KRISHNA DISTRICT ...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 pertaining to charge sheet in C.C. No. 4253/2024 on the file of the Hon’ble Chief Judicial Magistrate, Vijayawada, arising out of Cr. No. 121/2024 of II Town P.S., Vijayawada City, and quash the same in respect of the petitioner/Accused , are false, baseless, and constitute an abuse of the process of law, lacking material evidence and being driven by the malicious intent of the defacto complainant to harass the petitioners and pass such 2 IA 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 may be pleased to dispense with the filing of the original certified copy charge sheet in C.C. No. 4253/2024 on the file of the Hon’ble Chief Judicial Magistrate, Vijayawada, arising out of Cr. No. 121/2024 of II Town P.S., Vijayawada City, before this Hon’ble Court and pass such IA 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 may be pleased to Grant a stay of all further proceedings, including the appearance of the petitioners/Accused, in charge sheet in C.C. No. 4253/2024 on the file of the Hon’ble Chief Judicial Magistrate, Vijayawada, arising out of Cr. No. 121/2024 of II Town P.S., Vijayawada City, pending disposal of the quash petition and Pass such Counsel for the Petitioner/accused: 1. Dr ANWAR SHAIK Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7361/2025 ORDER: The instant petition under Section 528 of BNSS., has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in C.C.No.4253 of 2024 on the file of the learned Chief Judicial Magistrate, Vijayawada, arising out of Cr.No.121 of 2024 of II Town Police Station, Vijayawada City for the offences punishable under Sections 324, 506 of IPC. 2. Heard Dr. Shaik Anwar, learned counsel for the petitioner/Accused and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the petitioner, by dispensing the presence of the petitioner/Accused before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused before the Trial Court is dispensed with unless his presence is specifically directed by the Trial Court. 4 However, the petitioner is at liberty to raise all his contentions before the Trial Court in his defence. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7361/2025 Dated.15.07.2025 UPS 27