APHC010435112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE OOOTWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8755 OF 202fi BETWEEN: Sri Bandimekala Balaramudu, Occ: Business, R/o Ambedkar Colony Ananthapuramu District. S/o. Obulesu, aged about 56 years, Yadiki village and Mandal, ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep., by its Public Prosecutor Court of Andhra Pradesh at Amaravati, Through Station House Officer, Yadiki Police Station, Ananthapuram District. 2. M Eranna, S/o. not known the petitioner. Aged Occ; Police Officer, Yadiki, Ananthapuram District. High about 47 years ...Respondents/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 Criminai Petition the High Court may be pleased to quash the proceedings in Crime No. 134 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 13-08-2025, for alleged offence under Section 318(4) r/w 3(5) BNS, 7(1) EGA, against the petitioner/Accused No.1. 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 stay of all further proceedings including arrest of the petitioner/Accused No. t herein in Crime No. 134 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 13-08-2025. Counsel for the Petitioner:- SRI. SRAVAN KUMAR NAIDANA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following Order: 'V APHC010435112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8755/2025 Between: 1.SRI BANDIMEKALA BALARAMUDU, S/0 OBULESU, AGED ABOUT 56 YEARS, OCC BUSINESS, R/0 AMBEDKAR COLONY, YADIKI VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, YADIKI POLICE STATION, ANANTHAPURAM DISTRICT. 2.M ERANNA, S/0 NOT KNOWN THE PETITIONER. AGED ABOUT 47 YEARS, OCC POLICE OFFICER, YADIKI, ANANTHAPURAM 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 Courtmay be pleased to quash the proceedings in Crime No. 134 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 13-08-2025, for alieged offence under Section 318(4) r/w 3(5) BNS, 7(1) ECA, against the petitioner/Accused No.l, and pass such 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 2 High Court may be pleased may be pleased to dispense with the filing of certified copy of Crime No. 134 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 13-08-2025, pending disposal of the quash petition and pass such lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS prayingthat in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay of all further proceedings including arrest of the petitioner/Accused No.I herein in Crime No. 134 of 2025 on the file of Yadiki Police Station, Ananthapuram District, dated 13-08- 2025, pending disposal of the quash petition and pass such Counsel for the Petitioner/accused: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8755/2025 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.1, seeking quashment of the proceedings pending against him in Crime No.134 of 2025 on the file of Yadiki Police Station Anathapuram District dated 13.08.2025 registered for the offences punishable under Sections 318(4) r/w 3(5) BNS and 7(1) of ECA. Heard Sri Sravan Kumar Naidana, learned counsel for the 2. Petitioner/Accused No. 1 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. It is submitted by the learned counsel for the Petitioner and acceded to, 3. by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the order passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, wherein it was held as s. follows. / “10. In view of the guideline No. 3 in Bhajanlal’s case (supra), the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of the alleged offences by the Petitioner/Accused No. 3. As such, this Court finds that there are justifiable grounds to exercise its jurisdiction under Section 482 Cr.P.C. Therefore, as the very ingredients of the offending Sections are not attracted against the Petitioner/Accused No.3, the criminai proceedings initiated against him are iiable to be quashed. 11. In result, the Criminal Petition is allowed and the proceedings against Petitioner/Accused No.3 in C.C.No.113 of 2019 on the file of the Court of Judicial Magistrate of First Class, Dhone for the offence under Section 420 read with 34 IPC and Section 7(1) of the Essential Commodities Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed.." 4. Hence, following the said Orders passed by this Court Petition No.3243 of 2022, dated 31.12.2024 the facts and circumstances of the in Criminal and taking into consideration of case, this criminal petition is allowed quashing the proceedings against the petitioner in Crime No.134 of 2025 on the file of Yadiki Police Station, Anathapuram District dated 13.08.2025 registered for the offences punishable under Sections and 7(1) of EGA. 318(4) r/w 3(5) BNS As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed Sd/- K J RAJA BABU assistant registrar //TRUE COPY// SECTION OFFICER To, Ananthapuram District. House Officer, Yadiki Police Station Naidana, Advocate [OPUC] 1. The Station 2. One CC to Sri. Sravan Kumar 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Two C.D Copies. SSL 1. HIGH COURT DATED:21/08/2025 .j ORDER [i CRLP NO. 8755 OF 2025 ALLOWING THE CRIMINAL PETITION )