IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINALPETITIONNO: 8130 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, Pasuputhota, 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 ...PETITIONERS /ACCUSED NO. 2 & 3 AND 1. State of Andhra Pradesh,, Rep. by its Public Prosecutor, Penamaluru Police Station, Visakhapatnam High Court of Andhra Pradesh, Amaravati. 2. Nandam Bhavani, W/o Late Bhaskara Rao, Age 48 years, R/o 2nd Line Near Sivalayam, Mahadevapuram Colony, Kanuru village and Penamaluru Mandal. ...RESPONDENTS Petition under Section 528 of BHARATIYA NAGARK SURAKSHA SANHITA, 2023 (BNSS) is filed praying that in the 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. 45 of 2024, On the file of r Hon.ble VI Additional Metropolitan Magistrate, Vijayawada including the cognizance order dated; 11.01.2024 and to quash the entire proceedings in respect of the petitioners I.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.C., 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. 45 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 the Respondent No.1 and none appeared for the Respondent No.2 The Court made the following ORDER : APHC010505272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8130/2024 Between: Koppula Naga Venkata Durga Vara Prasad @ ...PETITIONER/ACCUSED(S ) Nani and Others AND ...RESPONDENT/COMPLAINANT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.ARRABOLU SAI NAVEEN Counsel for the Respondent/complainant(S); 1. PUBLIC PROSECUTOR 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.45 of 2024, dated 11.01.2024, 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”). Heard learned counsel for the petitioner and learned Assistant Public 2. Prosecutor. Learned counsel for the petitioners submits that the petitioners/Accused 3. Nos.2 & 3 are not connected to the Crime No.113 of 2021. Based on the complaint lodged by the 2"'^ respondent/de-facto complainant, the Police has completed the investigation and filed the charge sheet. He further submits w that, after completion of investigation, the police have categorically stated based on the merits of the evidence, no prima facie case has been made out against accused Nos.2 & 3 (petitioners herein), and that a legal opinion was also obtained by the L.W.20 and the permission was sought from the Sub Divisional Police Officer (SDPO), Gannavaram, for deletion of petitioners/accused Nos.2 & 3 form the acquisition. He also submits that that. names of the the VI Additional Metropolitan Magistrate, Vijayawada, has ignored this finding the Police, and without of proper consideration, has mechanically taken cognizance of the matter. 4. As seen from the order of cognizance dated 11.01.2024, learned Magistrate has not considered the finding of the investigating officer, in the charge sheet that no evidence was found in the investigation against A2 and A3 and has erroneously taken cognizance against the petitioners herein. 5. Considering the submissions of the learned counsel for the petitioners, this Court is inclined to quash the proceedings in C.C.No.45 of 2024 initiated against the petitioner/accused Nos.2 & 3. 6. Accordingly, the Criminal Petition is allowed, by quashing the proceedings initiated against the petitioners/A2 & A3 herein in C.C.No.45 of 2024 on the file of VI Additional Metropolitan Magistrate, Vijayawada. The miscellaneous petitions pending, if any, shall also stand closed. SD/- B.CHITTIJOSE^ ASSISTANT registrar //TRUE COPY// SEC OFFICER To 1. The VI Additional Metropolitan Magistrate. Vijayawada, 2. The Station House Officer, Penamaluru Police Station, Visakhapatnam 3. One CC to SRI. ARRABOLU SAI NAVEEN, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 5. Three CD Copies TAC ▼ f HIGH COURT DATED:24/03/2025 ORDER CRLP.No.8130 of 2024 ^ 03APRWK ^ Current Section ALLOWING THE CRIMINAL PETITION