APHC010514302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10089/2025 Between: 1. GOLLAPALLI SURI BABU ALIAS SURYA, S/O. APPA RAO AGED ABOUT 41 YEARS,R/O. D.NO.4-4-17, POST OFFICE STREET, BALAJI TIMBER DEPOT, TUNI TOWN,KAKINADA DISTRICT 2. AKKIREDDI VENKATA NAGESWARARAO, S/O. SATYANARAYANAAGED ABOUT 36 YEARS,R/O. D.NO.1-1 OF PALTHERU VILLAGE,PAYAKARAOPETA MANDAL,KAKINADA DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATI,THROUGH ITS SHO, TUNI POIICE STATIONKAKINADA DISTRICT. 2. DEVARAPU KRISHNARJUNARAO, S/O. LATE LOVARAJU R/O. PALTHERU VILLAGE,PAYAKARAOPETA MANDAL,KAKINADA 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 the proceedings in CC.No.9 of 2025 on the file of the Court of the Principal Junior Civil Judge Cum Judicial First Class Magistrate Tuni and quash the same against the Petitioners / Accused Nos.1 & 2 and pass 2 Counsel for the Petitioner/accused(S): 1. CHITTIMURI RAGHAVULU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10089/2025 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 Petitioners/Accused Nos.1 & 2, seeking quashment of the proceedings pending against them in C.C.No.9 of 2025 on the file of Principal Junior Civil Judge-cum-Judicial First Class Magistrate, Tuni for the offences punishable under Sections 351(2), 352 of BNS. 2. Heard Sri Chittimuri Raghavulu, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that a false case has been lodged against the petitioners. He would further submit that there are no ingredients to attract the offences alleged against the petitioners. He would further submit that no case is made out against the petitioners, since, omnibus allegations are made against the petitioners and finally prays for quashment of the case. 4. Learned Assistant Public Prosecutor on behalf of the State vehemently opposed the petition stating that the police, after due investigation filed charge sheet against the petitioners. The allegations made against the petitioners are that the petitioners created an image of complainant and wrote “REST IN 4 PEACE” under the image and posted it in social media and canvassed that the respondent No.2 is dead. Further, the petitioners being the journalists, created fake news about the complainant and shared such news in social media. Hence, it is not a fit case for quashment. Learned Assistant Public Prosecutor finally prays of dismissal of the petition. 5. Considering the submissions made and a fair look at the material on record, as rightly put by the learned Assistant Public Prosecutor, there are specific allegations made against the petitioners. When the verifiable material is there on record, this Court cannot exercise its discretion for quashment of such case. The matter requires a detailed enquiry before the Trial Court. In that view, the Criminal Petition is liable to be dismissed. 6. At this juncture, learned counsel for the petitioners would submit that the presence of the petitioners before the Trial Court may be dispensed with. 7. Taking into consideration the facts and circumstances of the case, in the light of the aforementioned premises, the Criminal Petition is disposed of. However, the presence of the petitioner No.2/Accused No.2 before the Trial Court is dispensed with unless his presence is specifically directed by the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10089/2025 Dated.25.09.2025 UPS 138