APHC010579432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12604/2025 Between: 1. AKUMUARTHI PRATAP KUMAR,, S/O SATYANARAYANA, AGED 37 YEARS, R/O, D.NO.1-84, C/O, G.V.VENKATESWARLU, R.R.NAGAR, BANDARULANKA, AMALAPURAM MANDAL ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. AMARAVATHI, GUNTUR DISTRICT. 2. THE STATION HOUSE OFFICER, MUMMIDIVARAM POLICE STATION B.R.AMBEDKAR, KONASEEMA DISTRICT. 3. M JESSI HEMA KUMARI, W/O LATE VASANTHA RAO, R/O D.V.AGRAHARAM, AMALAPURAM MANDAL, B.R.AMBEDKAR KONASEEMA 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 quash or set aside the impugned proceedings in C.C.No.33/2025, on the file of Judicial Magistrate of First Class, Mummidivaram, East Godavari District, so far as petitioner is concerned, in the interest of Justice and pass such Counsel for the Petitioner/accused: 2 1. K.S.G. PADMAVATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12604/2025 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 pending against him in C.C.No.33 of 2025 on the file of Judicial Magistrate of First Class, Mummidivaram, East Godavari District registered for the offences punishable under Sections 79, 292, 351(3), 351(4) of BNS. 2. Heard Ms.K.S.G. Padmavathi, 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 the petitioner herein is the sole accused in the present case. The 3rd respondent/defacto complainant is the maternal aunt of the petitioner. Learned counsel for the petitioner would further submit that a false case has been registered against the petitioner, only to pressure the petitioner. 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that there are specific allegations made against the petitioner and it is not a fit case for quashment. 4 5. As can be seen from the record, it is alleged against the petitioner that the petitioner unnecessarily quarrelled with the respondent No.3, abusing her and tried to beat her by pushing her on the ground. 6. In the light of the submissions made and on perusal of the material placed on record, it is evident that the petitioner herein is the sole accused. The allegations made in the complaint, coupled with the investigation conducted by the police culminating in the filing of a report before the Court, disclose a prima facie case. The Court has already taken cognizance of the alleged offences against the petitioner. As rightly contended by the learned Assistant Public Prosecutor, this is not a fit case for quashment. When there is verifiable material on record against the petitioner, this Court cannot exercise its inherent jurisdiction to quash the proceedings. 7. At this juncture, learned counsel for the petitioner would submit that the petition may be disposed of, by dispensing the presence of the petitioner before the Trial Court. 8. Considering the submissions, this Criminal Petition is disposed of. However, the presence of the petitioner/accused before the Trial Court is dispensed with, unless his presence is specifically directed by the Trial Court. The petitioner is at liberty to raise all the contentions which are raised in the present petition before the Trial Court in his defence. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12604/2025 Dated.08.12.2025 UPS 254