IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE A T PRESENT HONOURABLE SRI JUSTICE HARINATH.N to c» CRIMINAL PETITION NO: 8124 OF 2024 Between: 1. Koppula Naga Venkata Durga Vara Prasad @ Nani, S/o Chandra Sekhar Rao, age 22 years, R/o H. No. 21-9/3-7/1 Madhura Nagar, Vijayawada City. 2. Koppula Divya Sree„ D/o Chandra Sekhar Rao, age 20 years, R/o H. No. 21-9/3-7/1, Pasuputhota, Madhura Nagar, Vijayawada City Pasuputhota ...PETITIONER/ACCUSED(S) AND 1. State Of Andhra Pradesh, Rep. by its Public Prosecutor, Penamaluru Police Station, Visakhapatnam High Court of Andhra Pradesh, Amaravati. 2. Kakarla Mahesh,, S/o Late Bhaskara Rao, Age 32 years, R/o Flat No. F4, Dwarakamayi Apartment, Penamaluru Village and Mandal. ...RESPONDENT/COMPLAINANTS Petition under Section 528 of BNSS is filed praying that in thd circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records pertaining to C.C. No. 25 of 2024, On the file of Hon’ble VI Additional Metropolitan Magistrate, / Vijayawada including the cognizance order dated: 10.01.2024 and to quash the entire proceedings in respect of the petitioners I.A. NO: 1 OF 2024 Petition under Section 528 of BNSS is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to grant stay of all further proceedings including appearance of the petitioners in C.C. No. 25 of 2024, On the file of Hon’ble VI Additional Metropolitan Magistrate, Vijayawada, pending disposal of the Criminal petition This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arrabolu Sai Naveen Advocate for the Petitioners and the Public Prosecutor (AP) on behalf of Respondent No.l and of Sri. Manoj Kumar Bethapudi Advocate for Respondent No.2 The Court made the following ORDER : / ■/ • r APHC010505242024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8124/2024 Between: Koppula Naga Venkata Durga Vara Prasad @ ...PETITIONER/ACCUSED(S ) Nani and Others AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.MANOJ KUMAR BETHAPUDI The Court made the following order: This Criminal Petition is filed under Section 582 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) seeking to quash the proceedings initiated against the petitioners/accused Nos.2 & 3 in C.C.No.25 of 2024, dated 10.01.2024, on the file of VI Additional Metropolitan Magistrate, Vijayawada, registered for the offences punishable under Sections 420, 467, 468,471, 506 read with Section 34 of the Indian Penal Code (for short “IPC”). 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. 3. Learned counsel for the petitioners Nos.2 & 3 are not complaint lodged by the 2 completed the investigation and filed submits that the petitioners/Accused connected to the Crime No.927 of 2020. Based on the nd respondent/c/e-facto complainant, the Police has the charge sheet. He further submits that, after completion of investigation based on the merits of the the police have categorically stated evidence, no prima facie that, case has been made out herein), and that a legal opinion was against accused Nos.2 & 3 (petitioners also obtained by the L.W.14 and the permission Divisional Police Officer (SDPO), Gannavarann, for deletion of petitioners/accused Nos.2 & 3 form VI Additional Metropolitan Magistrate, the Police, and without cognizance of the matter. was sought from the Sub names of the the acquisition. He also submits Vijayawada, has i proper consideration, has that the ignored this finding of mechanically taken 4. As seen from the order Magistrate has not considered the no evidence found in the investigation, and has against the petitioners herein. 5. Considering the submissions this Court is inclined to quash the against the petitioner/accused Nos.2 & 3. of cognizance dated 10.01.2024, learned observation of the investigating officer, that erroneously taken cognizance of the learned counsel for the petitioners. proceedings in C.C.No.25 of 2024 initiated 6. Accordingly, the Criminal Petition is allowed, by quashing the proceedings initiated against the petitioners/A2 & A3 herein in C.C.No.25 of 2024 on the file of VI Additional Metropolitan Magistrate, Vijayawada. The miscellaneous petitions pending, if any, shall also st^ilj^osed. SOI- B.CHITTI JOSEPH ASSISTANT REGISTRAR J //TRUE COPY// SE OFFICER To, 1. The VI Additional Metropolitan Magistrate, Vijayawada 2. The Station House Officer Penamaluru Police Station Vijayawada City 3. One CC to Sri. Arrabolu Sai Naveen Advocate [OPUC] 4. One CC to Sri. Manoj Kumar Bethapudi Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of AP at Amaravathi [OUT] 6. THREE CD COPIES TAG HIGH COURT DATED : 17/03/2025 V 'i ORDER CRLP.No.8124 of 2024 T 03 APR 2025 ^ . Curreni ieciion ^ >g^ffSPATC>^«?^ ALLOWING THE CRLP