1 APHC010453632025 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: 9067/2025 Between: 1. SRI RAMU YADAV ALIAS G RAMULU, S/O G. NAGANNA, AGED ABOUT 33 YEARS, R/O 6/980, BOYA GERI, BOBULAMMA TEMPLE, ADONI, KURNOOL 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, GONEGANDIA POLICE STATION, KURNOOL DISTRICT, 2. B MAHESH, S/O RAMUDU . AGED ABOUT 34 YEARS, OCC GOVT, OFFICIAL GAZETTEED, CIVIL SUPPLY DEPUTY TAHSILDAR, YEMMIGANUR TOWN, KURNOOL 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. 123 of 2025 on the file of Gonegandia Police Station, Kurnool District, dated 25-05-2025, for alleged offence under Section 318(4) r/w 3(5) BNS, 7(1) ECA, against the petitioner/Accused No.2, and pass such IA NO: 1 OF 2025 2 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 certified copy of Crime No. 123 of 2025 on the file of Gonegandia Police Station, Kurnool District, dated 25-05-2025, pending disposal of the quash petition 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 stay of all further proceedings including arrest of the petitioner/Accused No.2 herein in Crime No. 123 of 2025 on the file of Gonegandia Police Station, Kurnool District, dated 25-05-2025, 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 Court made the following order: The instant petition under Section 528 Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNNS’) has been filed, by the petitioner/accused No.2 seeking quashment of proceedings against him in Crime No. 123 of 2025 on the file of Gonegandia Police Station, Kurnool District, for the offence punishable under Section 318(4) r/w 3(5) of BNS and 7(1) Essential Commodities Act. 2. Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, 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 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 criminal proceedings initiated against him are liable 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, 4 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 in Criminal Petition No.3243 of 2022, dated 31.12.2024, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed, quashing the proceedings against the petitioner in Crime No. 123 of 2025 on the file of Gonegandia Police Station, Kurnool District, for the offence punishable under Section 318(4) r/w 3(5) of BNS and 7(1) Essential Commodities Act. Pending applications, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 02.09.2025 MH 5 HON’BLE SMT Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA 61 Crl.P.No.9067 of 2025 Dt.02.09.2025 MH