APHC010691342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13300/2025 Between: 1. GAJULA GANGADHAR, S/O. G. RAMESWARAPPA AGED ABOUT 44 YEARS MADDIKERA VILLAGE AND MANDAL, KURNOOL DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF AP AT AMARAVATI, HIGH COURT BUILDINGS, THROUGH MADDIKERA P.S., KURNOOL DISTRICT. 2. GAJULA BASAVARAJA SHEKAR, S/O. G. NAGAMALLAPPA AGED ABOUT 43 YEARS RIO. MADDIKERA VILLAGE, KURNOOL DISTRICT, ANDHRA PRADESH- 518386 ...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 all proceedings in C.C. No. 129 of 2022 in Cr. No. 150 of 2021 on the file of Judicial First Class Magistrate, Pathikonda, for offences U/s 324, 506 IPC 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 stay all further proceedings in C.C. No. 129 of 2022 in Cr. No. 150 of 2021 on the file of Hon'ble Judicial First Class Magistrate, Pathikonda, pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused: 1. J.JYOTHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13300/2025 The Court made the following: This instant Criminal Petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner/accused, seeking to quash the proceedings against him in C.C No.129 of 2022 on file of the Judicial First Class Magistrate, Pathikonda. 2. Heard Ms. J.Jyothi, learned counsel for the petitioner/accused and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. The learned counsel for the petitioner/accused submits that the alleged incident occurred on 13.10.2021, whereas the complaint was lodged on 18.10.2021, and the delay of five days has not been properly explained. It is further contended that the respondent No.2/de-facto complainant obtained the wound certificate after a lapse of 13 days from the date of the incident, solely with an intention to implicate the petitioner falsely. 4. The learned Assistant Public Prosecutor would submit that the police have filed charge sheet and the learned Trial Court has taken cognizance of offences under Section 324 and 506 IPC against the sole accused, specific allegations are made out against him, coupled with medical evidence is placed on record along with the wound certificate, which show the prima facie requirement of trial in this matter. 5. In that view, it is not a fit for quashment. Without causing any prejudice to the rights and contentions of the petitioner, the Criminal Petition is disposed of, at the stage of admission. However, the petitioner is at liberty to raise all such contentions before the learned Trial Court during the course of trial. No costs. Miscellaneous petitions pending, if any, shall stand closed. ________________________________________________ JUSTICE Dr. VENKATA JYOTHIRMAI PRATAPA Date:05.01.2026 Ksj