APHC010704692025 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: 13397/2025 Between: 1. VECHA CHALAMAJI ALIAS SANTOSH, S/O.VECHA KESAVARAO,AGED ABOUT 41 YEARS,R/O DOOR NO. 12-10- 21,CHINA MEDARA STREET,ICHAPURAM,SRIKAKULAM DISTRICT.ADHAR NO.2623737546542,CELL9849916377 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTOR,HIGH COURT BUILDINGS, AMARAVATHI,THROUGH POLICE STATION,ICHAPURAM, SRIKAKULAM DISTRICT 2. VETCHA KESAVARAO, S/O.VETCHA KARNESWARARAO.AGED ABOUT73 YEARS,R/O. DOOR NO. 12-10-22,CHINA MEDARA STREET,ICHAPURAM,SRIKAKULAM DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. P VEERRAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of the BNSS has been filed by the Petitioner/Accused, seeking quashment of proceedings against him in C.C.No.358 of 2025 on the file of the learned Judicial Magistrate of First Class, Ichapuram, for the offence under Section 118(1) of the BNS. 2. Heard Sri P.Veerraju, 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 would submit that only to harass the petitioner, he was falsely implicated in the present case. Hence, prays for quashment of proceedings against him. 4. Learned Assistant Public Prosecutor would submit that there are specific allegations against the petitioner and truth or otherwise of the said allegations have to be revealed during the course of trial. Hence, prays to dismiss the present petition. 5. The material on record goes to show that there are specific accusations made against the petitioner. Truth or otherwise of the said accusations 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 accusations 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. 3 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.13397 of 2025 Dt.29.12.2025 Asr