APHC010687122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13424/2025 Between: 1. ADAMILLI VIJAYA MURALI @ S D V V MURALI ADAMILLI, S/O VENKATESWARA RAO, AGED 34 YEARS, OCC AGRICULTURAL WORK, R/O KONDAGUDEM VILLAGE, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE SUB- INSPECTOR OF POLICE, TADIKALAPUDI POLICE STATION. 2. KARRIPOTHU NAGA SURESH, S/O SATYANARAYANA, AGED 37 YEARS, R/O KONDAGUDEM VILLAGE, KAMAVARAPUKOTA MANDAL, ELURU DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. PASALAPUDI SATYA HARITHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of BNSS has been filed by the Petitioner herein, seeking quashment of proceedings against him in C.C.No.686 of 2025 on the file of the learned Judicial Magistrate of First Class-cum-Junior Civil Judge, Chintalapudi, for the offence under Section 118(2) of BNS. 2. Heard Ms. P.Satya Haritha, learned counsel for the petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. Perused the record. 2 3. Learned counsel for the petitioner submits that there are civil disputes between the parties, which have been converted into a criminal case in the present matter. Initially, a case was registered for the offence under Section 118(1) of the BNS, and thereafter, the section of law was altered to Section 118(2) of the BNS. Continuation of the criminal proceedings against the petitioner is a mere abuse of the process of law. Moreover, there is delay in lodging the report with the police. Hence, she prays for quashing of the proceedings against the petitioner. 4. Learned Assistant Public Prosecutor submits that there are clear allegations against the petitioner, as the injured victim has stated that he suffered grievous injuries at the hands of the petitioner. Learned Assistant Public Prosecutor further submits that the petitioner herein is the sole accused and that the police, after due investigation, have filed the charge sheet against the petitioner along with medical evidence. Therefore, it is not a fit case for quashment. As regards the point of delay, it is a question of fact which cannot be decided by this Court at this stage. 5. Considering the submissions made and on a cursory look at the material on record, as rightly pointed out by the learned Assistant Public Prosecutor, specific allegations have been made against the petitioner that he attacked the victim, who suffered injuries and was admitted to the Government Hospital. The victim is stated to have suffered grievous injuries, and the medical evidence has also been placed on record. Truth 3 or otherwise of the said allegations has to be decided in the course of trial. At this stage it is too premature for this Court to go into minute details of the case and the same has to be ascertained during the course of trial. The defences that are sought to be raised are all being questions of fact, they have to be established in the course of trial. This Court, in a petition filed under Section 528 BNSS, is primarily concerned with the allegations that are made in the charge-sheet and other connecting material available on record, but cannot make a roving enquiry about the truthfulness or falsity of the same. 6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings and, accordingly, the Criminal Petition is dismissed. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 29.12.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.13424 of 2025 Dt.29.12.2025 Asr