APHC010495712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10246/2025 Between: 1. CHATLA JOSEPH, S/O. MESHACH REDDY, (A3) AGED 34 YEARS. OCCUPATION BUSINESS, R/O D.NO. 5-2-161/6, MADDALAVARIPETA, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. THE STATION HOUSE OFFICER, AINAVILLI POLICE STATION, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. BODA RAKESH NAIK Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10246 of 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.3, seeking quashment of the proceedings pending against him in Crime No. 119 of 2022 of Ainavilli Police Station, Dr.B.R.Ambedkar Konaseema District, Andhra Pradesh, registered under Section 174 of Code of Criminal Procedure, 1973 for suspicious death and subsequently altered to Sections 302, 120-B, 201 r/w 34 of Indian Penal Code, 1860 (IPC). 2. Heard Sri Boda Rakesh Naik, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the Petitioner would submit that initially a case was registered under Section 174 of Cr.P.C., for suspicious death and thereafter the Section of law is altered to Sections 302, 120-B, 201 r/w 34 of IPC. Learned counsel for the Petitioner would further submit that the petitioner herein is Accused No.3. Initially, Crime No.118 of 2022 was registered on the complaint of the wife of the deceased for man missing on 06.06.2022. Thereafter, on 10.06.2022, the V.R.O., who is the complainant herein found the body of the deceased near River Godavari at Kotipalli Village. Then, Crime 3 No.119 of 2022 was registered under Section 174 of Cr.P.C., on the complaint of the V.R.O. Learned counsel for the Petitioner would further submit that the Petitioner was implicated basing on the confession of Accused Nos. 1 and 2 without any independent evidence. 4. Learned Assistant Public Prosecutor representing on behalf of the State would submit that the case of the prosecution is relied upon the circumstantial evidence. She would further submit that the investigation is still pending, the matter is at crime stage and it is a case of Murder. Learned Assistant Public Prosecutor finally prays for dismissal of the petition. 5. At this juncture, learned counsel for the Petitioner would submit that the petition may be disposed of without causing any prejudice to the rights and contentions of the Petitioner giving liberty to the Petitioner to surrender before the Concerned Court and move appropriate application. 6. Considering the submissions, this Criminal Petition is disposed of. However, the Petitioner is at liberty to surrender before the Concerned Court and move appropriate application to work out his remedy. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 06.10.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10246/2025 Dated.06.10.2025 UPS 143