1 APHC010103002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2398/2025 Between: 1. ADAPA PRASAD, S/O. APPALA RAJU, AGED.30 YEARS, KAPU BY CASTE, R/O.D.NO. 13-230, T.I.C. POINT, ARILOVA, VISAKHAPATNAM CITY, OWNER OF 369 CABS, TOURS AND TRAVELS, MADDILAPALEM, VISAKHAPATNAM 2. RAGHAVULA SRINIVASA RAO, , S/O.GUNNA RAO, AGED.40 YEARS, SC-MALA,R/O.FLAT NO.2, SRINADH RESIDENCY, VARALAXMI NAGAR, VEPAGUNTA, VISAKHAPATNAM CITY, COMMISSION AGENT TO BANKS ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, (THROUGH INSPECTOR OF POLICE, CENTRAL CRIME STATION), VISAKHAPATNAM CITY. VISAKHAPATNAM DISTRICT. 2. LNJE NARAYANA RAO BABJI, S/O.DASU (L), 48 YEARS, R/O.G.F.-2, PRASANTHA SANDHYA APARTNEBTM GUNDARIGUNTAM BESIDE D-MART, EAST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 Courtpleased to call for records pertaining to C.C.No.4721/2022 dated:26/5/2022 on the file of Hon'ble Court of IV Addl. 2 Chief Metropolitan Magistrate, Visakhpatnam, Visakhapatnam District declaring the same as illegal, arbitrary and contrary to law and abuse process of law and Quash the same against the petitioners/Accused No.1 & 2 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 Pleased to dispense with filing of the original certified copy in C.C.No.4721/2022 , dated:26/5/2022 on the file of Court of IV Addl Chief Metropolitan Magistrate, Visakhpatnam, Visakhapatnam District before this Hon’ble Court and pass IA NO: 2 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 Counsel for the Petitioner/accused(S): 1. B P RAJU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2398/2025 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 Petitioners/Accused Nos.1 & 2, seeking quashment of the proceedings pending against them in C.C.No.4721 of 2022 on the file of IV Additional Metropolitan Magistrate, Visakhapatnam for the offences punishable under Sections 406, 420 & 120-B r/w 34 of IPC. 2. Heard Sri B.P.Raju, learned counsel for the Petitioners/Accused Nos.1 & 2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the petition may be disposed of, without causing any prejudice to the rights and contentions of the petitioners. 4. Learned Assistant Public Prosecutor on behalf of the State would submit that the Court may pass appropriate orders. 5. Considering the submissions made, the Criminal Petition is disposed of, without causing any prejudice to the rights and contentions of the petitioners. However, the petitioners are at liberty to raise all the contentions before the 4 Trial Court and the learned Trial Judge may appreciate them and take appropriate decision according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 23.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2398/2025 Dated.23.07.2025 UPS 107