APHC010596102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11553/2025 Between: 1. BATHULA KARUN KUMAR, S/O LATE GURUNADAM,AGED ABOUT 31YRS, OCC PVT. EMPLOYEE,R/O D.NO.4-1-80, KT ROAD, CHITTINAGAR,VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURTFOR THE STATE OF ANDHRA PRADESH,AMARAVATI. 2. PERIKALA GAYATHRI, W/O AMAR,AGED ABOUT 36YRS, OCC HOUSEWIFE,R/O D.NO.3-6-11, PATHURU SHIVALAYAM STREET,NARASAROPETTOWN, PALNADU 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 Court pleased to quash the proceedings against the Petitioner /Accused in C.C.No.2739 of 2023 on the file of the Chief Metropolitan Magistrate, Vijayawada 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 dispense with the filing of the certified copy of the charge sheet in C.C.No.2739 of 2023 on the file of the Chief 2 Metropolitan Magistrate, Vijayawada , pending disposal of the main Criminal Petition, and pass IA NO: 2 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 to stay of all further proceedings including the appearance of the Petitioner /Accused in C.C.No.2739 of 2023 on the file of the Chief Metropolitan Magistrate, Vijayawada , pending disposal of the main Criminal Petition, and pass Counsel for the Petitioner/accused: 1. B ASHOK KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11553/2025 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, seeking quashment of the proceedings in C.C.No.2739 of 2023 on the file of the Court of the learned Chief Metropolitan Magistrate, Vijayawada, for the offences punishable under Sections 323, 324 of IPC and Section 24 of PAR Act. 2. Heard Sri B.Ashok Kumar, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that it is a false case lodged against the petitioner. The petitioner is the resident of Vijayawada and the respondent No.2 is the resident of Tenali. The case is lodged with a delay, which remain unexplained. Learned counsel for the petitioner finally prays for quashment of the case against the petitioner. 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the charge sheet would show that there is medical evidence to support the contentions of the complainant. Wound certificate is also filed along with the charge sheet and this is not a fit case for quashment. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 4 5. Considering the submissions made and on perusal of the material on record, as rightly put by the learned Assistant Public Prosecutor, the Medical evidence along with Wound Certificate is also placed to buttress the contention of the prosecution. In that view, this is not a fit case for quashment. The contentions raised by the petitioner in the present case are disputed questions of facts, this Court while exercising its inherent jurisdiction cannot decide them. In that view, when there is verifiable material which requires full length of trial is present in the matter, it is apposite to dismiss the present petition. 6. In the result, this Criminal Petition is dismissed. However, the petitioner is at liberty to raise all such contentions before the Trial Court in his defence. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.11.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11553/2025 Dated.07.11.2025 UPS 261