APHC010508612023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7727/2023 Between: 1. KONALA LAKSHMANA REDDY, S/O K. BAPI REDDY, AGED 44 YEARS, OCC. INSPECTOR OF POLICE (UNDER SUSPENSION) R/O HOUSE NO. 3-16A-107/2/204, VAIBHAV TOWERS, BURMA COLONY, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI 2. PEETHALA LALITHA JYOTHI, D/O POLURAJU, AGED 38 YEARS, RESIDENT OF NOORI MANJIL APARTMENT, DANVAIPETA, RAJ AHMUNDRY, EAST GODAVARI 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 may be pleased to call for the records relating to Crime No.315 of 2023 of Bommuru Police Station, East Godavari District,and quash the proceedings against the petitioner/Accused and pass such Counsel for the Petitioner/accused: 1. Y SUDHAKAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. BALAIAH B 2 The Court made the following: ORDER: This Criminal Petition under Section 482 of Cr.P.C., has been filed, by the Petitioner for the following relief: < ... to call for the records relating to Crime No.315 of 2023 of Bommuru Police Station, East Godavari District,and quash the proceedings against the petitioner/Accused and pass such ...= Heard learned counsel for the Petitioner and Learned Assistant Public Prosecutor representing respondent State. Perused the material on record. Learned counsel for the Petitioner would submit that there is no material against the Petitioner to proceed further. Learned Assistant Public Prosecutor would submit that petitioner has approached this Court seeking quashment of proceedings against him by raising several grounds. The subject matter is under investigation, Investigating Officer is yet to investigate the contentions raised by the Petitioner and that in view of stay granted by this Court, investigation is stalled and if investigation is taken up, then only the truth will come out. Learned counsel for respondent No.2 conceded to the arguments of learned Assistant Public Prosecutor and would submit that appropriate orders may be passed by disposing of this Criminal Petition. At this juncture, learned counsel for the Petitioner restricted the prayer and requested to dispense with the presence of the Petitioner before the Trial Court without causing any prejudice to the contentions of the Petitioner and let the investigation may go on without any coercive steps against the Petitioner. 3 As rightly put by learned Assistant Public Prosecutor, Police are yet to complete the investigation and to examine the contentions raised by the Petitioner to decide the truth or otherwise of such contentions. In that view, as requested by learned counsel for Petitioner, liberty is granted to the Petitioner, to raise the present contentions before the trial Court in the defence. However, the presence of the Petitioner/Accused before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. Police are directed to proceed with the investigation and examine the contentions raised in the present petition and finalise the case without taking any coercive steps against the Petitioner. It does not preclude the Police to conclude the investigation and filing final report before the Trial Court, according to law. Accordingly, this Criminal Petition is disposed of. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Writ Petition No. 7727 of 2023 02.12.2025 Mjl /*