APHC010023482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 491/2025 Between: 1. LANKALAPALLI ANAND KUMAR, S/O APPA RAO, AGED ABOUT 35 YEARS, OCC. BUSINESS,R/O. DOOR NO.39-33-50/4/3, NEAR POLLUTION CONTROL BOARD, MADHAVARA UDA COLONY, MARRIPALEM, VISAKHAPATNAM ANDHRA PRADESH STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH SHO/SUB INSPECTOR OF POLICE, VEERABALLI POLICE STATION, ANNAMAYYA DISTRICT. 2. P V SIVA REDDY, S/O. ESWAR REDDY, AGED ABOUT 46 YEARS, OCC. BUSINESS, R/O.DOORNO. 18/2, KODAREDDYGARIPALLI, H/O. GURRAPPAGARIPALLI, VEERABALLI MANDAL, ANNAMAYYA DISTRICT PRESENTLY RESIDING AT DOOR NO.70-14-5/1, FFF-1, 5TH FLOOR, SIDDARTHA NAGAR, KAKINADA TOWN DISTRICT. ...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 Courtpleased to call for the records pertaining to C.C.No.890 of 2023 pending on the file of the Court of the Addl. Judicial Magistrate of First Class,Rayachoti, Annamaiah District and quash the same, in the interest of Justice, and pass IA NO: 1 OF 2025 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 Pleased to stay all further proceedings in C.C.No.890 of 2023 pending on the file of the Court of the Addl. Judicial Magistrate of First Class,Rayachoti, Annamaiah District including appearance of the petitioner, pending disposal of the quash petition, and pass Counsel for the Petitioner/accused: 1. P V V SATYANARAYANA Counsel for the Respondent/complainant(S): 1. V R REDDY KOVVURI 2. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 491/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, 2023, has been filed by the Petitioner/Accused, seeking for quashment of the proceedings pending against him in C.C.No.890 of 2023, on the file of the Additional Judicial Magistrate of First Class, Rayachoti, Annamaiah District. 2. Heard Sri P.V.V.Satyanarayana, learned counsel for the petitioner, Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State and Sri V.R.Reddy Kovvuri, learned counsel for the respondent No.2. 3. Learned counsel for the petitioner would submit that it is a counter case to the case lodged by the respondent No.2 on the complaint made by the petitioner before the Rayachoti Police Station for the offences punishable under Sections 384, 342, 506 r/w 34 IPC. Learned counsel would further submit that continuing the criminal proceedings as against the petitioner is a mere abuse of process of law. 4. Learned counsel for the respondent No.2 would submit that it is not a fit case for quashment and the matter requires trial, since there is a referable material in the record. 5. Learned Assistant Public Prosecutor appearing for the State would submit that after due investigation, the Police had filed charge sheet and the Trial Court had taken cognizance for the offences punishable under sections 420 and 506 IPC and there is a prima facie case against the petitioner/accused and the matter requires a trial before the Court below and as such prays for dismissal of the petition. 6. Considering the submissions made and a fair look at the material on record, it is a case and counter. Initially the petitioner had lodged a case against the respondent No.2 and now in the present case, the petitioner is shown as accused for the offences punishable under Sections 420 and 506 IPC. As rightly put by the learned Assistant Public Prosecutor, that there is a prima facie material against the petitioner/accused and the same requires investigation at the full length of the trial. Hence this is not a fit case for quashment. 7. In that view, the Criminal Petition is disposed of. However, the petitioner is at liberty to raise all the contentions before the Trial Court in his defence and the learned Trial Judge may consider them and take appropriate decision in accordance with law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.07.2025 SRT HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 491/2025 Dated.24.07.2025 SRT 93