APHC010468042026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 8 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7840/2026 Between: 1. KUNADHARAJU SATYANARAYANA RAJU ALIAS KSN RAJU, S/O. SURAPA RAJU, AGED 45 YEARS, 77/B, NEAR CO OPERATIVE BANK, MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 1. THE STATE OF BHIMUNIPATNAM POLICE STATION PROSECUTOR, HIGH COURT OF AP AT AMARAVATI. 2. S SANTOSH KUMAR, OCC SUB INSPECTOR OF POLICE, VILLAGE AND MANDAL,VISAKHAPATNAM CITY. Petition under Section 482 of circumstances stated in the Memorandum of Grounds High Court pleased to quash the C.C.No. Additional Metropolitan petitioner/A21 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, High Court may be pleased to dispense with filing of Certified Copy of Charge Sheet in C.C.No.615 of 2023 on the file of XV Additional Metropolitan Magistrate, Bheemunipatnam and pass IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7840/2026 KUNADHARAJU SATYANARAYANA RAJU ALIAS KSN RAJU, S/O. SURAPA RAJU, AGED 45 YEARS, OCC BUSINESS, R/O. H.NO. 6 NEAR CO OPERATIVE BANK, MALIKIPURAM VILLAGE AND DR.B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH S.H.O. BHIMUNIPATNAM POLICE STATION REPRESENTED BY PUBLIC HIGH COURT OF AP AT AMARAVATI. S SANTOSH KUMAR, OCC SUB INSPECTOR OF POLICE, VILLAGE AND MANDAL,VISAKHAPATNAM CITY. - 531163 ...RESPONDENT/COMPLAINANT(S): der Section 482 of Cr.P.C and 528 of BNSS praying that in the d in the Memorandum of Grounds of Criminal Petition, the leased to quash the C.C.No.615 of 2023 on the fil nal Metropolitan Magistrate, Bheemunipatnam against 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, may be pleased to dispense with filing of Certified Copy of Charge Sheet in C.C.No.615 of 2023 on the file of XV Additional Metropolitan Magistrate, Bheemunipatnam and pass IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM KUNADHARAJU SATYANARAYANA RAJU ALIAS KSN RAJU, S/O. OCC BUSINESS, R/O. H.NO. 6- MALIKIPURAM VILLAGE AND ...PETITIONER/ACCUSED ANDHRA PRADESH, THROUGH S.H.O. REPRESENTED BY PUBLIC BHEEMILI ...RESPONDENT/COMPLAINANT(S): Cr.P.C and 528 of BNSS praying that in the of Criminal Petition, the 2023 on the file of XV Magistrate, Bheemunipatnam against 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 may be pleased to dispense with filing of Certified Copy of Charge Sheet in C.C.No.615 of 2023 on the file of XV Additional Metropolitan 2 MRK,J Crl.P.No.7840 of 2026 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 to grant stay of all further proceedings including appearance of the Petitioner/A21 in the C.C.No.615 of 2023 on the file of XV Additional Metropolitan Magistrate, Bheemunipatnam and pass Counsel for the Petitioner/accused: 1. RAMBABU KOPPINEEDI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.7840 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A21), seeking to quash the proceedings in C.C.No.615 of 2023 on the file of the XV Additional Metropolitan Magistrate, Bheemunipatnam, wherein he was charged with the offences punishable under Sections 3 & 4 of the Andhra Pradesh Gaming Act, 1974. 2. Heard learned counsel for the petitioner and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner (A21) before the trial Court by submitting petitioner’s practical constraints in attending before the trial Court and states that petitioner shall not dispute his identity at a later stage of proceedings. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioner herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. So far as dispensing with the presence of the petitioner, before the trial Court, he has not opposed the same. 4 MRK,J Crl.P.No.7840 of 2026 5. Since there are specific accusations that have been made as against the petitioner herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way: 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered. 7. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioner herein. However, due to ground realities submitted by the counsel for the petitioner, presence of petitioner herein (A21) before the XV Additional Metropolitan Magistrate, 1 2022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.7840 of 2026 Bheemunipatnam, in C.C.No.615 of 2023 is hereby dispensed with, except on those dates when the learned trial Court feels that his presence is necessary. In the event of failure of the petitioner to appear, when the trial Court specifically directs, this Order shall stands automatically revoked, without recourse to this Court. 8. Accordingly, the Criminal Petition is disposed of. 9. Needless to state that the petitioner is at liberty to raise all the grounds before the trial Court. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 08.09.2026 MDP