APHC010667142025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. YANAMALA KISHORE ALIAS VENKATA KISHORE, S/O. SUBBARAYUDUAGED ABOUT 30 YEARS, OCC PRIVATE EMPLOYEECOMPANY NAME HYDERABADKOTHUR VENGAMPALLE VILLAGE POST, INAGALURURAVURU, ANANTHASAGARAM MANDAL,SPSR NELLORE DISTRICT. 1. THE STATE OF ANDHRA PRADESH, THROUGH S.H.O., ANANTHASAGARAM PS.,SPSR NELLORE DISTRICT, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. YANAMALA RAJESWARI, W/O. HAZARATH REDDY,AGED ABOUT 50 YEARS KOTHUR VENGAMPALLE VILLAGEINAGALURU, RAVURU. ANANTHASAGARAM MANDAL,SPSR NELLORE DISTRICT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum Criminal Petition, the High Courtmay be pleased to exercise its inherent jurisdiction under section 528 OF BNSS and quash in charge sheet in C.C. 325 of 2025 on the file of Hon’ble Judicial Magistrate of First Class Atmakur, SPSR Nellore District registered under Section 126(2), 115(2), 79 BNS in Cr. No. 09/2025 of Anantha Sagaram Police Station, SPSR Nellore District with IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12794/2025 YANAMALA KISHORE ALIAS VENKATA KISHORE, S/O. SUBBARAYUDUAGED ABOUT 30 YEARS, OCC PRIVATE EMPLOYEECOMPANY NAME -R1 REM GLOBAL LTD., HYDERABADKOTHUR VENGAMPALLE VILLAGE POST, INAGALURURAVURU, ANANTHASAGARAM MANDAL,SPSR TRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH S.H.O., ANANTHASAGARAM PS.,SPSR NELLORE DISTRICT, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT YANAMALA RAJESWARI, W/O. HAZARATH REDDY,AGED ABOUT 50 YEARS KOTHUR VENGAMPALLE VILLAGEINAGALURU, RAVURU. ANANTHASAGARAM MANDAL,SPSR NELLORE 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 Courtmay be pleased to exercise its inherent jurisdiction under section 528 OF BNSS and quash in charge sheet in C.C. 325 of 2025 on the file of Hon’ble Judicial Magistrate of First Class Atmakur, e District registered under Section 126(2), 115(2), 79 BNS in Cr. No. 09/2025 of Anantha Sagaram Police Station, SPSR Nellore District with IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA YANAMALA KISHORE ALIAS VENKATA KISHORE, S/O. SUBBARAYUDUAGED ABOUT 30 YEARS, OCC PRIVATE R1 REM GLOBAL LTD., HYDERABADKOTHUR VENGAMPALLE VILLAGE POST, INAGALURURAVURU, ANANTHASAGARAM MANDAL,SPSR ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, THROUGH S.H.O., ANANTHASAGARAM PS.,SPSR NELLORE DISTRICT, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT YANAMALA RAJESWARI, W/O. HAZARATH REDDY,AGED ABOUT 50 YEARS KOTHUR VENGAMPALLE VILLAGEINAGALURU, RAVURU. ANANTHASAGARAM MANDAL,SPSR NELLORE DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS of Grounds of Criminal Petition, the High Courtmay be pleased to exercise its inherent jurisdiction under section 528 OF BNSS and quash in charge sheet in C.C. 325 of 2025 on the file of Hon’ble Judicial Magistrate of First Class Atmakur, e District registered under Section 126(2), 115(2), 79 BNS in Cr. No. 09/2025 of Anantha Sagaram Police Station, SPSR Nellore District with a further direction to take action against the 2nd respondent for foisting false case against the petitione 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 grant stay of all further proceedings in C.C. 325 of 2025 on the file of Hon'ble Judicial Magistrate of First Class Atmakur, SPSR Nellore District registered under Section 126(2), 115(2), 79 BNS in Cr. No. 09/2025 of Anantha Sagaram Police Station, SPSR Nellore District with a further direction to take action against the 2nd respondent for foisting false case against the petitioner and pass Counsel for the Petitioner/accused: 1. KOPPARTHI SUMATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12794/2025 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 No.1, seeking quashment of the proceedings pending against him in S C.C. 325 of 2025 on the file of Hon’ble Judicial Magistrate of First Class Atmakur, SPSR Nellore District registered under Section 126(2), 115(2), 79 BNS in Cr. No.09/2025 of Anantha Sagaram Police Station, SPSR Nellore District. 2. Heard Ms.Kopparthi Sumathi, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. The learned counsel for the petitioner would submit that the petitioner/accused herein is innocent and has not committed any offence. It is submitted that the son of the 2nd respondent demolished the fencing of the petitioner’s farm and that the 2nd respondent seeks unlawful possession of the farm and cause harm to the petitioner. It is further submitted that the 2nd respondent falsely lodged a complaint before the Anantha Sagaram Police Station, and there are no specific incidents, dates, times, or particulars to substantiate the allegations under Sections 126(2), 115(2), and 79 BNSS. Implicating the petitioner in the said crime is, therefore, nothing but an abuse of the process of law. Learned counsel further submits that the petition may be disposed of, dispensing with the personal presence of the petitioner before the Trial Court. 4. Learned Assistant Public Prosecutor submitted that the Court may pass appropriate orders. 5. Considering the submissions, this Court finds that allegations have been made out, investigation has been conducted, and a charge sheet has been filed. The matter involves disputed facts and requires trial. Therefore, this Court cannot quash the proceedings at this stage. 6. Accordingly, the Criminal Petition is disposed of. The presence of the petitioner/Accused before the Trial Court is dispensed with, being a resident of Hyderabad, unless specifically directed by the Trial Court. The petitioner is at liberty to raise all contentions in his defence before the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.12.2025. KKV HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 282 CRIMINAL PETITION NO: 12794 OF 2025 Dt.10-12-2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 12794 OF 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 10.12.2025 Dr.VJP,J The Criminal Petition is disposed of. (Vide separate order) ________ Dr.VJP, J KKV