APHC010566102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 9096 of 2024 Between: 1. THULASIDHARAN PREM KUMAR, S/O.THULASIDHARAN, 37YRS, BALLIJI.KONDAPLALLI (VI) IBRAHIMPATNAM, MANDAL, KRISHNA DISTRICT DRIVER OF INNOVA BEARING NO.AP-16- /CE-8189 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVVATI. 2. BUCHI VENU GOPAL, S/O VENKATESWARLU,45YRS, YADAVAMADURIVARI STREET, PATHURU, KAVALI VILLAGE,SPSR NELLORE DISTRICT, DRIVER OF THE MOTORCYCLE BEARING NO.AP--27/BB-3430. ...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 may be pleased to quash the entire proceeding in charge sheet No.260/2018. Pending in Hon’ble Additional Judicial Fist Class Magistrate Court at Kandudkuru in Sri Potti Sri ramulu Nellore District Station House Officer, Gudluru Police Station Crime No.25/2018 337,and 304-A.lndian Penal Code, as per of law and court and pass such Counsel for the Petitioner/accused: 1. MD MUJUBYUDDIN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The instant Criminal Petition under Section 528 of BNSS, 2023 has been filed, by the Petitioner/Accused, seeking to quash the Proceedings against him in CC No.260 of 2018 on the file of the Court of Additional Judicial First Class Magistrate, Kandukuru. 2. Heard learned counsel for the Petitioner/Accused. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State. Perused the material on record. 3. Learned counsel for the Petitioner would submit that initially, a case was registered against the Petitioner for the offence punishable under Section 337 IPC and later, during investigation, the Section of law was altered to Sections 338 and 304-A IPC. Further, the deceased died after three months of the accident. Learned counsel would submit that the Petitioner is falsely implicated in this case. Learned counsel would submit that except bald and omnibus allegations, no specific overt acts are attributed against him. 4. Learned Assistant Public Prosecutor would submit that after completion of investigation, Police filed charge sheet against the Petitioner/Accused for the offences under Sections 338 and 304-A IPC and the case is pending for consideration before the Trial Court and it requires trial and it is not a fit case for quashment of the Proceedings against the Petitioner at this stage. 3 5. Considering the submissions made and a fair look at the material placed on record, there is no merit in the contention of the Petitioner that the death of the deceased has no nexus to the alleged accident. Viewed from any angle, there are no merits in the contentions raised by the Petitioner and this Criminal Petition is liable to be dismissed. 6. Accordingly, this Criminal Petition is dismissed without causing any prejudice to the rights and contentions of the Petitioner. Liberty is granted to the Petitioner to raise the present contentions before the Trial Court in his defence. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No. 9096 of 2024 20.08.2025 Mjl /*