APHC010669052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI }i WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT honourable SRI JUSTICE HARINATH.N CRIMINAL PETITION No.9823 of 9099 Between: Beri Manoj, S/o Beri Thyagaraju, Student, R/o.H.No.49/50A,87-F-20-A District. Aged about 33 years , Laxmi Nagar, Kurnool, Kurnool Occ; Law ...Petitioner/Accused No.5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor at Amaravathi. Through Kurnool III Town Police District. High Court Station, Kurnool 2. B Saraswathi, W/o Maddilety, Aged about 40 years R/o. H.No.87- 1103-P, Ganesh Nagar, 4‘^ Class employee colony, Kurnool Town, Kurnool District. ...Respondents/De-facto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances Petition, the High Court may be pleased to quash the proceedings in SC(POCSO)169/2022 of First Additional Sessions Judge, Kurnool stated in the Memorandum of Grounds of Criminal on the file against Accused No.5. 7 < lA NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings including appearing before the court of the Hon'ble 1 St Additional Sessions Judge, Kurnool of the petitioner/ Accused-5 of alleged offences in SC(POCSO)169/2022 on the file of First Additional Sessions Judge, Kurnool, pending disposal of the quash petition. Counsel for the Petitioner : SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for Respondent No.1: PUBLIC PROSECUTOR Counsel for Respondent No.2: SRI C PRAKASH REDDY The Court made the following Order: / / f APHC010669052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 9823/2022 Between: 1.BERI MANOJ, S/0 BEN THYAGARAJU, AGED ABOUT 33 YEARS, OCC LAW STUDENT, R/0 H.NO 49/50A,87-F-20- A, LAXMI NAGAR,KURNOOL, KURNOOL DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. THROUGH KURNOOL III TOWN POLICE STATION, KURNOOL DISTRICT. 2.B SARASWATHI, W/0 MADDILETY, AGED ABOUT 40 YEARS, R/0 H.NO.87-1103-P, GANESH NAGAR, 4TH CLASS EMPLOYEE COLONY, KURNOOL DISTRICT. KURNOOL TOWN, ...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 Courtpleased to quash the proceedings in SC(POCSO)169/2022 on the file of First Additional Sessions Judge, Kurnool, against Accused No.5 and pass of Criminal Petition, the High lA NO: 1 OF 2022 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 r 2 HN,J Crl.P.No.9823 of 2022 pleased to stay of all further proceedings including appearing before the court of the Hon'ble 1st Additional Sessions Judge, Kurnool of the petitioner/ Accused-5 of alleged offences in SC(POCSO)169/2022 on the file of First Additional Sessions Judge, Kurnool, pending disposal of the quash petition and pass Counsel for the Petitioner/accused: 1 .THATHIREDDYASHOK SRIVASTAVA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.C PRAKASH REDDY The Court made the following: 3 HN,J CrLP.No.9823 of 2022 ORDER: Learned counsel for the petitioner submitted that the petitioner is arraigned as Accused No. 5 in SC (POCSO) No. 169 of 2022 on the file of the learned I Additional Sessions Judge, Kurnool. Learned counsel further stated that the petitioner is the maternal uncle of the accused and is charged only under Section 506 of the IPC. The police, after investigation, have filed a charge sheet alleging offences under Sections 328, 376, 506 read with 34 of the IPC and Sections 3 & 4 of the POCSO Act. It was submitted that even according to the complaint, no specific allegation is made against the petitioner. Initially, a criminal petition was filed by the mother of LW-4. It was also submitted that the petitioner is a practicing advocate and is facing trial in a case in which he is not personally involved. He was allegedly unaware of the relationship between the 1®' accused and LW-4. Apart from being the maternal uncle, he had no role in committing the offences charged. Therefore, he sought quashing of the case against him. On the other hand, learned counsel for the 2'^'^ respondent 2. St submitted that the petitioner is charged under Section 506. The 1 accused faces allegations under Sections 328, 376 read with 34 of the IPC and Sections 3, 4, 13 and 14 of the POCSO Act. The 4 HN,J Crl.P.No.9823 of 2022 other accused (A.2 to A.4) are charged under Section 506 read with 34 of the IPC. The police investigation reportedly found that Accused Nos. 2 to 5 threatened LW-4, stating that she should take the blame to support A-1, otherwise they would kill her and her entire family. These allegations are specifically mentioned in the charge sheet. Learned counsel urged that these are triable issues which must be examined in court following a full trial. 3. Heard learned counsel for the petitioner, learned Assistant Public Prosecutor appearing for the 1®* respondent-State. and learned counsel for the 2""' respondent. 4. After considering the submissions, this Court observes that the allegations against the petitioner merit examination at trial. This Court cannot resolve such triable issues at this stage and therefore cannot quash the proceedings. Without addressing the merits, this Criminal Petition is disposed off, with liberty granted to the petitioner to raise ail relevant grounds when the trial Court takes up the matter. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The First Additional Sessions Judge, Kurnool, Kurnool District. 2. The Station House Officer, Kurnool III Town Police Station, Kurnool nictrir.t It 3. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] 4. One CC to Sri C Prakash Reddy, Advocate fOPUC] 5. Two CCs to Public Prosecutor, High Court of Andhra Pradesh.[OUT] 6. Two CD Copies TK vna ■ r HIGH COURT DATED: 18/06/2025 ORDER I n jijL m ^ . Current Secnon . ■# CRLP No.9823 of 2022 DISPOSING OF THE CRIMINAL PETITION