APHC010614272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 11829/2025 Between: 1.UNDRA SWAPNA, W/O. KUNCHE VIJAY KUMAR,AGED ABOUT 28 YEARS,OCC POLICE CONSTABLE,R/O RAMALAYAM STREET,VENKATAREDDYPALLI VILLAGE,KALUVOYA MANDAL, NELLORE DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH S.H.O, RAJAMPET RURAL POLICE STATIONNELLORE, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2.SUSARLA RAJAMMA, W/O LATE PURUSHOTTAM, AGE 55 YRS,R/O VENKATAREDDYPALLI VILLAGE,KALUVOY MANDAL, NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.AYESHA AZMA S Counsel for the Respondent/complainant(S): 1.DHANUNJAYA C 2.PUBLIC PROSECUTOR The Court made the following: 2 ORDER: Heard the learned Counsel for the Petitioner and the learned Counsel for Respondent No.2 and the learned Assistant Public Prosecutor. 2. This Criminal Petition has been filed seeking quashment of the proceedings in C.C.No.330 of 2025 on the file of the learned Judicial Magistrate of First Class, Atmakur, wherein the Petitioner has been arrayed as Accused No.3. 3. Learned Counsel for the Petitioner submits that the Petitioner is a female, serving as a Police Constable. It is contended that there is no reference to the name of the Petitioner in the original complaint lodged by Respondent No.2, which was registered as Crime No.36 of 2025 for the alleged offences punishable under Sections 115(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity, ‘the BNS’) and Section 174(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS). 4. However, the de-facto complainant, when examined as L.W.1 by the Investigating Officer under Section 161 of ‘the Cr.P.C.,’/Section 180 of ‘the BNSS’, has specifically implicated the Petitioner, alleging that she, along with other accused persons, assaulted her with hands, legs, and sticks. The statements of other witnesses also corroborate the said version. 5. In view of the specific allegations levelled against the Petitioner by the prosecution witnesses, this Court finds no merit for quashment of the proceedings. 3 6. Nevertheless, considering the facts and circumstances of the case, the Criminal Petition is disposed of, with a direction that the presence of the Petitioner before the learned Trial Court shall stand dispensed with, unless her attendance is specifically required by the learned Trial Court for any purpose. 7. It is made clear that any observations made hereinabove shall not prejudice or influence the learned Trial Court, which shall decide the matter independently on its own merits by appreciating the evidence adduced before it. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dated: 03.02.2026 VTS