1 APHC010706082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13394/2025 Between: 1. M SREENIVASULU, S/O. LATE CHENCHAIAH,AGED 52 YEARS, OCC EDITOR, TIMPATI VAARTHA,R/O. MAIN ROAD, SUBBAREDDY NAGAR, TIRUPATI. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITSPUBLIC PROSECUTOR, HIGH COURT OF AP,AMARAVATHI THROUGH SHO, SULLURUPET PS. 2. N MASTHANAIAH, S/O. KRISHNAIAHAGED 63 YEARS, OCC GOVT GAZETTEDR/O. SULLURUPET, TIRUPATI DISTRICTC/O. SHO, SULLURUPET POLICE STATION,TIRUPATI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SRINIVASULU KURRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 ORDER: The Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’), seeking to call for the record pertaining to S.C.No.95 of 2023 on the file of the I Additional District & Sessions Judge, Nellore and consequently quash the proceedings in S.C.No.95 of 2023 on the file of I Additional District & Sessions Judge, Nellore in respect of petitioner/accused No.9. 2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 3. After thorough investigation, the charge sheet has been filed. It is alleged that the petitioner/Accused No.9 indulged in dealing with 10.100 grams of ganja with the aid of the other accused. The seized contraband is not a commercial quantity. In the charge sheet, it is mentioned that Accused No.9 confessed to have abetted Accused No.4 in selling ganja and had received the profits from the sale of ganja through Accused No.4. The petitioner/Accused No.9 also helped Accused No.4 in obtaining bail in ganja cases. Based on the confessional statement of the petitioner/Accused No.9, L.W.13 added Section 109 of ‘the IPC’ and Section 29 of ‘the NDPS Act’ by filing a memo before the learned Additional Judicial Magistrate of First Class, Sullurpeta. 3 4. It is the contention of the prosecution that Accused No.4 used to procure ganja from Accused No.8 and sell the same in Tirupati with the support of the petitioner/Accused No.9. The present petition is filed under Section 528 of ‘the BNSS’ seeking to quash the proceedings in S.C. No.95 of 2023 on the file of the I Additional District & Sessions Judge, Nellore. If the petitioner feels that there is no material at all to proceed against him before the learned trial Court, he has the remedy of filing a discharge petition. 5. Considering the nature of the accusations levelled against the petitioner/accused No.9 in the charge sheet vide NDPS S.C. No.95 of 2023, this Court is not inclined to grant any relief under Section 528 of ‘the BNSS’. 6. In the result, the Criminal Petition is disposed of by dispensing with the presence of the petitioner/Accused No.9 before the learned trial Court, except on the date of framing of charges and during his examination under any provision of law. Liberty is granted to the petitioner/Accused No.9 to file an appropriate petition before the learned trial Court seeking his discharge. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 31.12.2025 S D P 4 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 13394 OF 2025 31.12.2025 S D P