APHC010497522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10013/2025 Between: 1. BONTHALA SHANMUKHA, S/O NAGARAJU, AGED ABOOUT 29 YEARS, R/O,D/NO.14-71/22,THYAGARAYA STREET, MADANAPALLI, ANNAMAYYA DISTRICT. (A.2) ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, A.P. HIGH COURT. BUILDING, AMARAVATHI. 2. FATHER OF THE VICTIM, FATHER OF THE VICTIM ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. T M K CHAITANYA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10013/2025 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.2, seeking quashment of the proceedings pending against him in S.C.No.03 of 2025 on the file of Special Judge for Trial of Cases under POCSO Act-2012, Visakhapatnam under Sections 363 r/w 34 of IPC & Section 11(iv) and Section 12 of POCSO Act. 2. Heard Sri T.M.K.Chaitanya, 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 friend of Accused No.1 and no allegations are attributed against him, except stating that being a friend, he helped Accused No.1. Learned counsel for the petitioner would further submit that the petition may be disposed of, dispensing the presence of the petitioner before the Trial Court. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused No.2, before the Trial Court is dispensed with, unless his presence is specifically directed by the Trial 3 Court. The petitioner is at liberty to raise all the contentions which are raised in the present petition in his defence before the Trial Court. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.12.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10013/2025 Dated.05.12.2025 UPS 270