1 APHC010506122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8133/2024 Between: 1. THOTA NARASIMHA RAO, S/ HANUMANTHA RAO, AGED ABOUT 36 YEARS, R/O BANDIPALEM POST, JAGGIAHPET MANDAL, NTR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, NANDIGAMA POLICE STATION, NTR DISTRICT REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI. 2. CHIRUMAMILLA KRISHNA, S/O PAPAIAH, R/O FLOOR, FLAT 403, SRI ANJANEYA APARTMENTS, CM ROAD, NANDIGAMA TOWN AND MANDAL ...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 Court Pleased to quash the proceedings in FIR.No.410/2024 on the file of the Nandigama Police Station, NTR District in the interest of justice. IA NO: 1 OF 2024 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 dispense with the filing of the certified copy of 2 the FIR and copy of the Complaint in Crime No.410/2024 on the file of the Nandigama Police Station, NTR District for time being period in the interest of Justice IA NO: 2 OF 2024 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 grant stay of all further proceedings in FIR.No.410/2024 on the file of the Nandigama Police Station, NTR District pending disposal of the above Criminal Petition in the interest of Justice. Counsel for the Petitioner/accused: 1. VELADI SAI SRI HARSHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8133/2025 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.2, seeking quashment of the proceedings pending against him in Crime No.410 of 2024 of Nandigama Police Station, NTR Commissionerate, registered for the offences punishable under Section 353(2), 351 of BNS. 2. Heard Sri Veladi Sai Sri Harsha, learned counsel for the Petitioner/Accused No.2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner is not a journalist of any newspaper and he was never part of Sakshi Newspaper as alleged in the complaint. The petitioner has nothing to do with the present case. There are no specific overt acts in the complaint against the petitioner. Learned counsel would further submit that this Court in the similar circumstances, in Crl.P.No.8132 of 2024, quashed the proceedings initiated against the Accused No.1 in the same Crime No.410 of 2024 vide orders dated 04.03.2025. Learned counsel for the petitioner finally prays to allow the petition, in terms thereof. 4 4. Learned Assistant Public Prosecutor fairly conceded that the case of the present petitioner is on the same footing as of the Accused No.1 against whom the criminal proceedings were quashed. She would further submit that the Court may pass appropriate orders. 5. The relevant portion of the order dated 24.03.2025 passed in Crl.P.No.8132 of 2024 is extracted hereunder: “16. Registration of Crime on receipt of a complaint regarding publication of article which neither resulted in promoting enmity between groups nor did it incite any commotion or rights. This Court is of the considered view that the Law is well settled on the Freedom of Speech and Expression and the Freedom of Press has to be protected for ensuring that information from all angels would reach the masses. For every issue there can be a 360° degree dimensional view and as such views from different angles cannot become subjects of criminal complaints. In the event the article is defamatory it is always open for the person so defamed proceed damages by during the extent of defamation which the article allegedly caused. 17. On these grounds, the criminal petition is allowed.” 6. Hence, for reasons alike, following the orders passed by this Court in Crl.P.No.8132 of 2024 dated 24.03.2025, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed, quashing the criminal proceedings pending against the petitioner/accused No.2 in Crime No.410 of 2024 of Nandigama Police Station, NTR Commissionerate, registered for the offences punishable under Section 353(2), 351 of BNS. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8133/2024 Dated.23.07.2025 UPS 169