APHC010341492026 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: 5491 OF 2026 Between: 1. Meghavath Sivaji, S/o Sambasiva Rao, aged about 23years, R/o Kolanukonda Village,Tadepalli Mandal, GunturDistrict. 2. Meghavath Lakshmi, W/o Sambasiva Rao,aged about 39years, R/o Kolanukonda Village,Tadepalli Mandal GunturDistrict. 3. Meghavath Sambasiva Rao, ,S/o O. Vastavam, aged about44 years,R/o Kolanukonda Village,Tadepalli Mandal, GunturDistrict. 4. Meghavath Jansi, , W/o Balal Durga Prasad Swamy, agedabout 27 years,R/o Kolanukonda Village,Tadepalli Mandal,Guntur District. 2 5. Meghavath Arun, ,S/o Sambasiva Rao, aged about 23 yearsR/o Kolanukonda Village,Tadepalli Mandal, Guntur District. 6. Meghavath Mani Alias Naga Lakshmi Vara Prasad, S/o Ravi Naik aged about 29 years,R/o Kolanukonda Village, Tadepalli Mandal, Guntur District. 7. Meghavath Srinivas, ,S/o Vasuram aged about 38 years, R/oKolanukonda Village,Tadepalli Mandal, Guntur District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public ProsecutorHigh Court of Andhra Pradesh,Amaravati. 2. Meghavath Sujatha, W/o Meghavath Sivaji aged about 20years, Caste Sugali, R/o Kolanukonda Village,TadepalliMandal Guntur District. ...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 Court pleased to quash all further proceedings in charge sheet in C.C. 190/2026 Crime No.270 of 2023 on the file of ADDL. Judicial First 3 class magistrate cum civil judge (junior division)Mangalagiri Guntur District , against the petitioners/AI to A7 for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act in the interest of justice 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 C.C. 190/2026, on the file of Addl.Judicial first class magistrate Mangalagiri 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 C.C. 190/2026 in Crime No.270 of 2023 on the file of ADDL. judicial First class magistrate cum civil judge(juniordivision) )Mangalagiri Guntur District , against the petitioners/AI to A7 including the appearence for the offences punishable under Section 498-AI PC and Sections 3 & 4 of the Dowry Prohibition in the interest of justice and pass such 4 other order or orders as this Hon'ble Court may deem fit and proper under the circumstances of the case, and pass Counsel for the Petitioners: B SURYANARAYANA Counsel for the Respondents: PUBLIC PROSECUTOR 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5491 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 CC No.190 of 2026 on the file of the Additional Judicial Magistrate of First Class-cum-Civil Judge (Junior Division), Mangalagiri, for the offences punishable under Section 498A of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent- 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 6 the petitioners 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. 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 1 2022 LiveLaw (SC) 594 7 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 petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioners herein (Accused) before the Additional Judicial Magistrate of First Class- cum-Civil Judge (Junior Division), Mangalagiri, in CC No.190 of 2026 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. 8. Accordingly, the Criminal Petition is disposed of. 9. 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 8 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5491 of 2026 Date: 16.09.2026 PSA