THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13555 of 2025 ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No.2 in C.C.No.25 of 2016, on the file of the learned II Additional Junior Civil Judge-cum- XIII Additional Metropolitan Magistrate at Rajendernagar, registered for the offences punishable under Sections 419 and 465 of IPC and Section 8 of A.P. Public Examination (Prevention of Malpractices and Unfair Means) Act, 1977.

2. Heard Mrs.P.B.A. Ratnamala, learned counsel for the petitioner/accused No.2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.

3. Learned petitioner’s counsel submitted that the petitioner herein is accused No.2 and he is no way connected with the alleged offence. She further submitted that accused No.1 is alleged to have written the examination on the Hall-ticket pertaining to accused No.2, but there is no prior meeting of minds between accused Nos.1 & 2 that is established during the course of investigation and that no material is collected by the prosecution to prove the same. She therefore prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor has submitted that accused No.1 has written the examination on behalf of accused No.2 by changing the photograph on the Hall-ticket and thus, accused No.2 would be the beneficiary of the outcome of the examination. Hence, the Police have collected enough material to prove the offence against the petitioner and he therefore prayed to dismiss the petition.

5. Perused the record. The allegations leveled against the petitioners pertain to the offences under Sections 419 and 465 of IPC and Section 8 of A.P. Public Examination (Prevention of Malpractices and Unfair Means) Act, 1977. The offence if proved happens to be a very serious one and would have an impact on the society at large. However, the veracity of the witnesses and the evidence collected by the prosecution needs to be tested during the course of trial to find out the truth in the allegations.

6. Hence, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the attendance of the petitioner/accused No.2 before the Trial Court

7. Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioner/accused No.2 before the Trial Court provided that the petitioner is represented through an Advocate on every date of hearing and that he shall be present before the Trial Court whenever his presence is specifically required during the course of trial.

8. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.17.10.2025 ysk THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13555 of 2025 Dt.17.10.2025 ysk