APHC010550432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11111/2025 Between: 1. GONGATI BASAVESWARA RAO, S/O VENKATESWARA RAO, 47 YEARS, R/O TEMPALLI VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, rep. through its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/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 Court pleased to quash the impugned orders passed in CrI.M.P. No.120/2025 and 121/2025 in S.C.No.141/2019 passed by the learned XII Additional District & Sessions judge at Vijayawada 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 stay all further proceedings in the S.C. No. 141/2019 on the file of XII Additional District & Sessions Judge at Vijayawada and pass Counsel for the Petitioner/accused: 2 1. BHANU PRASAD CHUKKAPALLI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11111/2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/Accused, seeking quashment of the orders dated 11.09.2025 in Crl.M.P.Nos.120 and 121 of 2025 in S.C.No.141 of 2019, on the file of the learned XII Additional District and Sessions Judge, Vijayawada. 2. Heard Sri Ch.Bhanu Prasad, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is an accused facing trial in S.C.No141 of 2019 for the offences under Sections 302 and 307 of IPC. While so, the prosecution filed a petition under Section 311 of Cr.P.C to examine Mr.P.Vivek, who photographed the scene of offence at the time of observation of the scene by the Investigating Officer, since the Investigating Officer failed to refer his name in the charge sheet. The learned Judge allowed such petition. 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the learned trial Judge has rightly allowed the petition, since this witness is not introduced at the fag end of the matter, but it is mistake on the part of the Investigating Officer in referring the name in the charge sheet. 4 5. Learned counsel would further submit that they have taken the plea that there is no reference about the name of Mr.P.Vivek till date. The prosecution has introduced a new person and wants to examine the said person without there being any reference to his name in the charge sheet. 6. Considering the submissions made and a fair look at the material placed on record would show that in the charge sheet the Investigating Officer submitted the photos of scene of offence but he did not file certificate under Section 65-B certificate to support such electronic evidence. Now, the Investigating Officer obtained the certificate under Section 65-B regarding the photos which were filed along with the charge sheet and wants to mark such documents through photographer Mr.P.Vivek. A fair look at the charge sheet would show that the photos along with the CD were placed before the Court. In that view, the learned trial Judge has rightly exercised the discretion to permit the prosecution to examine the photographer who photographed the scene of offence, as the said photos were already placed on record along with the charge sheet. 7. In that view, there are no grounds warranting interference of this Court with the impugned order while exercising its inherent jurisdiction. 8. Accordingly, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 28.10.2025 JLV 5 231 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11111 of 2025 Dated: 28.10.2025 JLV