APHC010489622025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: Between: 1. K CHANDRA BABU, BB 1. THE STATE OF ANDHRA PRADESH, b Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Criminal Petition, the High Court 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 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: 1. SIVA NAGARJUNA SIDHADAPU Counsel for the Respondent/complainant: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10077/2025 K CHANDRA BABU, BB ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, b ...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 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 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: SIVA NAGARJUNA SIDHADAPU nsel for the Respondent/complainant: IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS Memorandum of Grounds of 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 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 1. The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10077/2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/A.1, A.3 and A.10 seeking quashment of the proceedings against them in Crime No. 15of 2025 on the file of Panjani Police Station, Chittoor District, for the offence punishable under Sections 218(4), 316(2), 351(2), 61(2), 111(2)(b) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Heard Sri Siva Nagarjuna Sidhadapu, learned counsel for the Petitioners and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by this Court in Criminal Petition No.7000 of 2025, dated 21.08.2025. 4. For ready reference, the order passed in Criminal Petition No. 7000 of 2025, wherein, it was held at paras 12 to 15 as under: “12. No FIR shall be registered by invoking Section 111 of the BNS in respect of offences alleged to have been committed prior to 01.07.2024, the date on which BNS came into force. However, charge-sheets filed and cognizance orders taken in respect of offences committed within the preceding ten years prior to the commencement of the BNS, i.e., before 01.07.2024, may be taken into consideration for the purpose of invoking Section 111 of the BNS, provided that a subsequent offence is committed on or after 01.07.2024. 13. In view of the aforesaid legal position, both the Courts and the police are required to exercise heightened caution while invoking Section 111 of BNS. Invocation of the said provision must be supported by material sufficient to demonstrate prima facie satisfaction of the statutory requirements. The police shall not register an offence under Section 111 of the BNS in a mechanical, casual or routine manner. They shall conduct due enquiry into the criminal antecedents of the accused and shall invariably enclose copies of the charge-sheets filed and the cognizance orders passed against the accused within the preceding ten years. Further, any application or requisition filed by the Investigating Officer seeking permission of the Court to invoke Section 111 of the BNS shall be accompanied by necessary documents and material which, prima facie, establish the need to invoke the offence punishable under Section 111 of the BNS. Only upon consideration of such material shall Section 111 of the BNS be invoked. 14. In the instant case, it is an admitted fact that no charge-sheets have been filed against the Petitioners within the preceding ten years, which is a mandatory prerequisite to invoke Section 111 of BNS. As such, the question of taking cognizance does not arise. In that view, this Court holds that Section 111(2)(b) of BNS is not attracted against the Petitioners. However, considering the prima facie allegations with respect to the remaining offences, the investigation shall proceed in accordance with law. 15. Accordingly, the Criminal Petition is partly allowed. The proceedings against the Petitioners in Crime No.15 of 2025 on the file of Panjani Police Station, Chittoor District, insofar as the offence punishable under Section 111(2)(b) of BNS is concerned, are hereby quashed. However, the investigation in respect of the offences punishable under Sections 318(4), 316(2), 351(2), 61(2) read with Section 3(5) of BNS shall continue.” 5. Hence, following the said Orders passed by this Court in Criminal Petition No.7000 of 2025, dated 21.08.2025, and taking into consideration of the facts and circumstances of the case, this criminal petition is partly allowed by quashing the proceedings against the petitioners in FIR No.15 of 2025, on the file of Panjani Police Station, Chittoor District insofar as the offence punishable under Section 111(2)(b) of BNS is concerned, are hereby quashed. However, the investigation in respect of the offences punishable under Sections 318(4), 316(2), 351(2), 61(2) read with Section 3(5) of BNS shall continue. 6. In the result, the Criminal Petition is partly allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.01.2026. KKV