APHC010494072025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9798/2025 Between: 1. BHANKUPALLI CHAITANYA, S/O. LATE GANAPATHI PRASAD HAM AGED ABOUT 38 YEARS, R/O. D.NO 58-9-27, NEW KASARA, GOKULAM RESIDENCY PLOT NO. FF1, NEAR SAI BABA TEMPLE, VISHAKHAPATNAM CITY. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PBUPLIC PROSECTOR HIGH COURT OF ANDHRA PRADESH, AMARAVATHI 2. THE SUB INSPECTOR OF POLICE, AIR PORT L AND O POLICE STATION, VISHAKHAPATNAM CITY. 3. JOGA GNANESWARI, D/O. NAGA LAKSHMI AGED ABOUT 19 YEARS, R/O. D.NO 38-33-47, FCI NAGAR BESIDE RATION DEPO, MARRIPALEM, VISHAKHAPATNAM. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. V.V.S.RAMAKRISHNA.A Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of BNSS has been filed by the Petitioner herein, seeking quashment of proceedings against him in C.C.No.2557 of 2025 on the file of the learned I Additional Chief Judicial Magistrate Court, Visakhapatnam, for the offences under Sections 75(2) and 351(2) of the BNS. 2 2. Heard Sri V.V.S.Rama Krishna, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. Perused the record. 3. Learned counsel for the petitioner would submit that the present case has been falsely foisted against the petitioner, and the investigating officer failed to conduct a proper investigation, restricting the statements under Section 161 Cr.P.C. only to interested witnesses. Hence, he prays for the quashing of the proceedings against the petitioner. 4. Learned Assistant Public Prosecutor would submit that there are severe allegations made against the petitioner and truth or otherwise of the said allegations have to be revealed during the course of trial. Hence, prays to dismiss the present petition. 5. A perusal of the material on record goes to show that there are severe allegations made against the petitioner. Truth or otherwise of the said allegations has to be decided in the course of trial. At this stage it is too premature for this Court to go into minute details of the case and the same has to be ascertained during the course of trial. The defences that are sought to be raised are all being questions of fact, they have to be established in the course of trial. This Court, in a petition filed under Section 528 BNSS, is primarily concerned with the allegations that are made in the charge-sheet and other connecting material available on 3 record, but cannot make a roving enquiry about the truthfulness or falsity of the same. 6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings and, accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 19.09.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9798 of 2025 Dt.19.09.2025 Asr