##PAGE1##

1

2026:APHC:2848

APHC010038782026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3521]

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

CRIMINAL PETITION NO: 572/2026

Between:

1. GOGULA SRINIVASA RAO, S/O. VENKATA RAMANA, R/O. FLAT 103,

KANAKAM NAIDU ESTATES,PAN BUILDERS, OLD

VENKOJIPALEM,VISAKHAPATNAM 530022.

...PETITIONER/ACCUSED

AND

1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC

PROSECUTOR,III TOWN POLICE STATION,

VISAKHAPATNAM,ANDHRA PRADESH.

2. M RAJA SEKHARA REDDY, S/O. VENKATA REDDY,AGE 47 YEARS,

KORISAPADU VILLAGE,ONGOLE, PRAKASAM, ANDHRA PRADESH.

...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 proceedings of F.I.R

vide in Cr. No. 07/2026 dt. 21.01.2026 on the file of III Town Police Station,

Visakhapatnam Commissionerate, Andhra Pradesh 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 with filing of the original

certified copy of F.I.R vide in Cr. No. 07/2026 dt. 21.01.2026 on the file of III

2

2026:APHC:2848

Town Police Station, Visakhapatnam Commissionerate, Andhra Pradesh

before this Hon’ble Court 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 all further proceedings in Or. No.

07/2026 dt. 21.01.2026 on the file of III Town Police station Visakhapatnam

Commissionerate, Andhra Pradesh and grant such

Counsel for the Petitioner/accused:

1. JAVVAJI SARATH CHANDRA

Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

The Court made the following:

3

2026:APHC:2848

ORDER:

. The Criminal Petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to

quash proceedings against petitioner/accused in Cr.No.07/2026 dated

21.01.2026 on the file of the III Town Police Station, Visakhapatnam

Commissionerate, registered for the alleged offence punishable under Section

126 (2), 308(2), 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for

brevity, ‘the BNS).

3. Heard Sri Javvaji Sarath Chandra, learned counsel for the

petitioner/accused and the Ms.P.Akhila Naidu, learned Assistant Public

Prosecutor. Perused the record.

4. Learned counsel for the petitioner submits that prior to the registration

of the present crime, the accused/ A-1 had lodged a complaint on 19.01.2026

before the concerned police station, bringing to the notice of the police that

news items were published regarding the exhibition being conducted without

requisite permission, and that, upon such publication, the de-facto

complainant herein abused the accused in filthy, foul, and unparliamentary

language, causing humiliation and intimidation. He further submits that all the

offences alleged against the petitioners are punishable with imprisonment of

less than seven years, and therefore, the allegations are false and motivated.

4

5. Learned Assistant Public Prosecutor, on the other hand, opposes the

petitions and submits that, the allegations in the complaint disclose the

commission of cognizable offences and that the investigation is in progress.

6. A perusal of the FIR and the material placed on record, prima facie, to

elicit the truth or otherwise of the allegations against the petitioner made by

the respondent No.2 requires through investigation.

The Hon’ble Supreme Court, in Practical Solutions Inc. v. State of

Telangana, Criminal Appeal No. ____ of 2026 (arising out of SLP (Criminal)

Diary No.953 of 2026), on dated 19.01.2026 has