APHC010010592026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. POTNURU JAGADISH, S/O MAHALAXMI,AGED ABOUT 34 YEARS OCC BUSINESS,R/O H.NO.78 MAIN ROAD BORIGUNA VILLAGE,KORAPUT - 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR THROUGHSHO G.SIDAM PS AP HIGH COURT PREMISESAMARAVATHI, GUNTUR DISTRICT. 2. N TIRUPATHI RAO, AGED ABOUT 63 YEARS OCC DYTAHSILDAR CS,G.SIGADAM MANDAL SRIKAKULAM DISTRICTR/O PONDURU VILLAGE PONDURU MANDAL SRIKAKULAM DISTRICT AP 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 quash the FIR in Crime No.77/2025 on the file of the G and pass IA NO: 1 OF 2026 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 wi IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 198/2026 POTNURU JAGADISH, S/O MAHALAXMI,AGED ABOUT 34 YEARS OCC BUSINESS,R/O H.NO.78 MAIN ROAD BORIGUNA -DISTRICT-ODISHA STATE ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC THROUGHSHO G.SIDAM PS AP HIGH COURT PREMISESAMARAVATHI, GUNTUR DISTRICT. N TIRUPATHI RAO, AGED ABOUT 63 YEARS OCC DYTAHSILDAR CS,G.SIGADAM MANDAL SRIKAKULAM DISTRICTR/O PONDURU VILLAGE PONDURU MANDAL SRIKAKULAM DISTRICT AP ...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 Courtpleased to quash the FIR in Crime No.77/2025 on the file of the G -Sigadam Police Station Srikakulam District 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 the filing of the certified IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA POTNURU JAGADISH, S/O MAHALAXMI,AGED ABOUT 34 YEARS OCC BUSINESS,R/O H.NO.78 MAIN ROAD BORIGUNA ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC THROUGHSHO G.SIDAM PS AP HIGH COURT N TIRUPATHI RAO, AGED ABOUT 63 YEARS OCC DYTAHSILDAR CS,G.SIGADAM MANDAL SRIKAKULAM DISTRICTR/O PONDURU ...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 quash the FIR in Crime lice Station Srikakulam District 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 th the filing of the certified copies of FIR in Crime No.77/2025 on the file of the G -Sigadam Police station Srikakulam District dt 06.12.2025 and pass IA NO: 2 OF 2026 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 STAY of all further proceedings in FIR in Crime No.77/2025 on the file of the G - Sigadam Police station Srikakulam District pending disposal of the above Criminal petition and pass Counsel for the Petitioner/accused: 1. TOTA TEJESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 198/2026 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeking quashment of the proceedings against the petitioner/A3 in Crime No.77 of 2025 on the file of G.Sigadam Police Station, Srikakulam District, registered for the offences punishable under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita and Sections 6(A) and 7(1) of the Essential Commodities Act, 1955. 2. Heard Sri Tota Tejeswara Rao, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for the State. 3. The learned counsel for the petitioner contended that the petitioner/Accused No.3 has been falsely implicated in the present crime without any material evidence and that no specific overt acts are attributed to him except the alleged statement of the co-accused. It is further submitted that the continuation of proceedings against the petitioner amounts to abuse of process of law. 4. On the other hand, the learned Assistant Public Prosecutor would submit that the investigation is at preliminary stage and would further submit that the Court to pass appropriate orders. 5. Considering the submissions made by both sides, this Criminal Petition is disposed of with a direction to the police not to take any coercive steps against the petitioner in Crime No.77 of 2025. The investigation shall go on, it does not preclude the police to conclude the investigation and file a final report in this matter. It is made clear that this order shall not preclude the petitioner from filing a fresh petition, if any incriminating material is found against him during the course of investigation. Pending miscellaneous applications, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.01.2026 KKV