APHC010486062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8210 OF 2026 Between: 1. Shamshad Begum, W/o. Hibju Rahim, Age 56 yrs,Occ. Housewife,R/o. D. No. 17-6, 3 lane,Sanath Nagar, Kanuru, Vijayawada. 2. Hibju Rahim, S/o. Abdul Rajack,Age 71 yrs, Occ. Retired Employee,R/o. D. No. 17-6, 3 lane,Sanath Nagar, Kanuru, Vijayawada. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Andhra Pradesh at Amaravati 2. Syed Sabreen, W/o Imdadur Rahaman,Aged 34 yrs, R/o. D. No. 18-18-104,Mupthi Street, Chinna Bazar,Guntur ...Respondents 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 call for the records pertaining to D.V.C. No.231 of 2025 pending on the file of the Court of the learned Special Judicial Magistrate of First Class for Mobile, Guntur, and quash the proceedings in D.V.C. No.231 of 2025 insofar as the Petitioners herein, who are arrayed as Respondent Nos.2 and 3 therein, are concerned, and pass 2 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 For the reasons stated in the accompanying Criminal Petition, it is respectfully submitted that the Petitioners herein, who are arrayed as Respondent Nos.2 and 3 in D.V.C. No.231 of 2025 on the file of the Court of the learned Special Judicial Magistrate of First Ciass for Mobile, Guntur, are relying upon the relevant records pertaining to the said D.V.C. proceedings and are filing photostat copies of the same. It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to dispense with the filing of certified copies of the said records in the accompanying Criminal Petition and permit the Petitioners to rely upon the photostat copies thereof, 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 to stay all further proceedings, including the personal appearance of Petitioners/Respondent Nos. 2 and 3 in D.V.C. No.231 of 2025 the fiie of the learned Special Judicial First Ciass Magistrate for Mobile, Guntur, insofar as they relate to Petitioner/Respondent Nos.2 and 3, pending disposal of the accompanying Criminal Petition, and pass Counsel for the Petitioners: BABU RAO PANDIRI Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8210 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in DVC No.231 of 2025 on the file of the learned Special Judicial First Class Magistrate for Mobile, Guntur District. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court and states that petitioners shall not dispute their 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 petitioners herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, 4 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. 5. Since there are specific accusations that have been made as against the petitioners 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 1 2022 LiveLaw (SC) 594 5 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. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005. 8. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioners herein (Accused) before the learned Special Judicial First Class Magistrate for Mobile, Guntur District, in DVC No.231 of 2025 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In the event of failure of the petitioners to appear when the trial Court specifically directs, this Order shall stands automatically revoked, without recourse to this Court. 2 2025 Live Law (SC) 240 6 9. Accordingly, the Criminal Petition is disposed of. 10. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 16.09.2026 PSA 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8210 of 2026 Date: 16.09.2026 PSA