APHC010346302025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7173 OF 2025 Between: 1. S Ramesh Raju, S/o.Kamalahasan Raju, age 45 yrs, R/o. VR Kandriga Village, Sathyavedu Mandal, Tirupati District Presently staying at 186 Monument Prkwy, Perris, CA 92570, USA 1. The State of Andhra Pradesh, Represented by Publ Court of A.P, Amaravati. Through Sub Tirupati District. 2. M Somusundaram, S/o. Dilli babu, aged 27 years, R/o. A.M Puram village, Sathyavedu Mandal, Tirupati District. (Defacto complainant) 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 CC.No. 68 of 2023 on the file of Judicial Magist police, Sathyavedu against the petitioner /accused for offences U/s. 341 and 447 I PC in the interests of justice and pass such IA NO: 1 OF 2025 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7173 OF 2025 1. S Ramesh Raju, S/o.Kamalahasan Raju, age 45 yrs, R/o. VR Kandriga Village, Sathyavedu Mandal, Tirupati District Presently staying at 186 Monument Prkwy, Perris, CA 92570, USA ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Public Prosecutor High Court of A.P, Amaravati. Through Sub-Inspector of police, Sathyavedu, P.S, 2. M Somusundaram, S/o. Dilli babu, aged 27 years, R/o. A.M Puram village, Sathyavedu Mandal, Tirupati District. (Defacto complainant) ...Respondents 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 CC.No. 68 of 2023 on the file of Judicial Magistrate of First Class, Sathyavedu filed by the SI of police, Sathyavedu against the petitioner /accused for offences U/s. 341 and 447 I PC in the interests of justice and pass such IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. S Ramesh Raju, S/o.Kamalahasan Raju, age 45 yrs, R/o. VR Kandriga Village, Sathyavedu Mandal, Tirupati District Presently staying at 186 ...Petitioner ic Prosecutor High Inspector of police, Sathyavedu, P.S, 2. M Somusundaram, S/o. Dilli babu, aged 27 years, R/o. A.M Puram village, spondents 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 CC.No. 68 of 2023 rate of First Class, Sathyavedu filed by the SI of police, Sathyavedu against the petitioner /accused for offences U/s. 341 and 2 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 may be pleased to stay all further proceedings including appearance of the petitioner in CC.No. 68 of 2023 on the file of Judicial Magistrate of First Class, Sathyavedu pending disposal of the Criminal Petition by this Honble Court in the interests of justice and pass such Counsel for the Petitioner: M CHALAPATI RAO Counsel for the Respondents: V VINOD K REDDY Counsel for the Respondents:PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7173 OF 2025 ORDER: The instant petition under Sections 528 Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, by the Petitioner/accused to quash CC.No. 68 of 2023 on the file of Judicial Magistrate of First Class, Sathyavedu filed by the SI of police, Sathyavedu against the petitioner /accused for offences U/s. 341 and 447 I PC 2. Sri Chalapati Rao, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, Learned Assistant Public Prosecutor for the State is in attendance. 3. Learned counsel for the petitioner submits that even as per the contents of the complaint, the petitioner was residing in the U.S.A., and therefore his physical presence at the time of the alleged incident is impossible. He further submits that the parties appeared before the Mandal Legal Services Committee (MLSC), Sathyavedu, in the pre-litigation petition filed by respondent No. 2 herein. It is evident that respondent No. 2 stated before the MLSC that he intends to file a civil suit, and accordingly, the petition was closed. Learned counsel submits that respondent No. 2 also made a representation, which was considered, and there is no prima facie material to proceed against the petitioner. Hence, the continuation of criminal proceedings is an abuse of process of law. 4 4. The learned Assistant Public Prosecutor submits that the court may pass appropriate orders. 5. Considering the submissions and the material placed on record, as there is no prima facie case is made out to proceed against the petitioner, the alleged case against the petitioner stands closed. However, it is made clear that the parties are at liberty to work out their remedies before the competent civil court in accordance with law. 6. In the result, the Criminal Petition is allowed, quashing the proceedings against the petitioner in CC.No. 68 of 2023 on the file of Judicial Magistrate of First Class, Sathyavedu for the offence under Sections 341 and 447 of IPC. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 28-11-2025 KKV 5 THE HONOURABLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 498 CRIMINAL PETITION NO: 7173 OF 2025 Date : 25.11.2025 KKV 6 HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: Crl.P. No.7173 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 01. 28.11.2025 Dr.VJP,J The criminal petition is disposed of. (vide separate order) ________ Dr.VJP, J KKV