APHC010543942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10594/2025 Between: 1. P VENKATA RAVI KIRAN, S/O.PBABU RAO, AGED 34 YEARS OCC BUSINESS D.NO.58-21-7/2, APSEB COLONY BUCHIRAJUPALEM, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1. K P PANAKALA RAO, S/O.LATE.KRISHNA RAO AGED 63 YEARS OCC BUSINESS D.NO.8-1-97/2/3. FLAT NO.202, WALTAIR COURT APARTMENT, PEDAWALTAIR, VISAKHAPATNAM. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH., AT AMARAVATI. ...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 Courtpleased to quash the order dated.22.09.2025 passed by the Hon’ble VII Special Magistrate at Visakhapatnam in CrI MP No.3754/2025 in CC No. 1668/2022 by allowing this petition 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 to grant stay of all further proceedings in CC No. 1668/2022 on the file VII Special Magistrate at Visakhapatnam and pass 2 Counsel for the Petitioner/accused: 1. K B RAMANNA DORA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10594/2025 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 Crl.MP.No.3754 of 2025 in C.C.No.1668 of 2022 on the file of the VII Special Magistrate, Visakhapatnam for the offences under Section 311 of Cr.P.C. 2. Heard Sri K.B.Ramanna Dora, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor are in attendance. 3. Learned counsel for the petitioner would submit that the petitioner herein is facing trial in C.C.No.1668 of 2022 for the offences under Section 138 of NI Act. Learned counsel would further submit that the petitioner was examined as DW1 in the case and Ex.R3 was marked through him, which is a complaint in C.C.No.1668 of 2022 i.e., a complaint against the wife of the petitioner herein. Learned counsel would further submit that there are discrepancies regarding the contents of Ex.R3, and that is why they have filed a petition to recall DW1, that was erroneously dismissed by the Court. 4. Learned Assistant Public Prosecutor would submit that the court may pass appropriate orders. 4 5. Considering the submissions and on keen perusal of the impugned order passed by the trial Court, there is no ground for interference since the learned Judge opined that C.C.No.1668 of 2022 is against the wife of the petitioner. Even if DW1 did not speak about the discrepancies relating to Ex.R3, such discrepancies are not helpful to him in the present case, where he is facing allegations under Section 138 of the NI Act. That being the case, the impugned order does not warrant interference by this Court while exercising its inherent jurisdiction. 6. In that view, the Criminal Petition is disposed of. However, the petitioner is at liberty to raise all such contentions before the trial Court. The learned Judge is directed to appreciate them and take appropriate decision over the matter according to law. Consequently, miscellaneous petitions, pending if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10594/2025 Dated.15.10.2025 SNI 141