APHC010495582026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY, THE 19 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8350/2026 Between: 1. NETRAMBAKA ANURADHA, W/O LATE VENKATA KRISHNA ABOUT 52 YEARS, ATCHATTIVARI KANDRIGA VILLAGE, SPSR NELLORE DISTRICT 2. NETRAMBAKA BHANU PRAKASH, S/O VENKATA KRISHNA ABOUT 32 YEARS, ATCHATTIVARI KANDRIGA VILLAGE, SPSR NELLORE DISTRICT 3. NETRAMBAKA KUMARI, W/O BHANU PRAKASH YEARS,OCCUPATION KANDRIGA VILLAGE, DISTRICT - 524314 4. DANDU PURANDHAR, S/O RATNAYYA OCCUPATION- PRIVATE JOB RESIDING AT CHATTIVARI KANDRIGA VILLAGE, DISTRICT - 524314 5. NETRAMBAKA MADHUSUDAN, S/O RAGHURAMAYA 40 YEARS, OCCUPATION ATCHATTIVARI KANDRIGA VILLAGE, SPSR NELLORE DISTRICT 6. NETRAMBAKA SRINIVASULU, S/O RAGHURAMAYA AGED ABOUT 46 YEARS, OCCUPATION KANDRIGA VILLAGE DISTRICT - 524314.HUSBANDS BROTHER IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8350/2026 NETRAMBAKA ANURADHA, W/O LATE VENKATA KRISHNA ABOUT 52 YEARS, OCCUPATION-HOUSE WIFE.RESIDING ATCHATTIVARI KANDRIGA VILLAGE, INDUKURPETA MANDAL, SPSR NELLORE DISTRICT - 524314 NETRAMBAKA BHANU PRAKASH, S/O VENKATA KRISHNA ABOUT 32 YEARS, OCCUPATION-TEACHER, RESIDING ATCHATTIVARI KANDRIGA VILLAGE, INDUKURPETA MANDAL, SPSR NELLORE DISTRICT - 524314 NETRAMBAKA KUMARI, W/O BHANU PRAKASH AGED ABOUT 31 YEARS,OCCUPATION-HOUSE WIFE.RESIDING ATCHATTIVARI KANDRIGA VILLAGE, INDUKURPETA MANDAL, SPSR NELLORE DANDU PURANDHAR, S/O RATNAYYA AGED ABOUT 42 YEARS, PRIVATE JOB RESIDING AT CHATTIVARI KANDRIGA VILLAGE, INDUKURPETA MANDAL, SPSR NELLORE NETRAMBAKA MADHUSUDAN, S/O RAGHURAMAYA AGED ABOU OCCUPATION-PRINTING PRESS RESIDING ATCHATTIVARI KANDRIGA VILLAGE, INDUKURPETA MANDAL. SPSR NELLORE DISTRICT - 524314 NETRAMBAKA SRINIVASULU, S/O RAGHURAMAYA AGED ABOUT OCCUPATION-CULTIVATION RESIDING ATCHATTIVARI KANDRIGA VILLAGE, INDUKURPETA MANDAL, SPSR NELLORE 524314.HUSBANDS BROTHER IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM NETRAMBAKA ANURADHA, W/O LATE VENKATA KRISHNA AGED HOUSE WIFE.RESIDING INDUKURPETA MANDAL, NETRAMBAKA BHANU PRAKASH, S/O VENKATA KRISHNA AGED RESIDING INDUKURPETA MANDAL, AGED ABOUT 31 HOUSE WIFE.RESIDING ATCHATTIVARI SPSR NELLORE AGED ABOUT 42 YEARS, PRIVATE JOB RESIDING AT CHATTIVARI SPSR NELLORE AGED ABOUT PRINTING PRESS RESIDING INDUKURPETA MANDAL. NETRAMBAKA SRINIVASULU, S/O RAGHURAMAYA AGED ABOUT CULTIVATION RESIDING ATCHATTIVARI SPSR NELLORE 2 MRK,J Crl.P.No.8350 of 2026 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT JUDICATURE, AMARAVATI, 2. NAGA JYOTHI NETRAMBAKA, W/O NETRAMBAKA RAM PRAKASH D/O SATYA NARAYANA AGED ABOUT 30 YEARS. PRIVATE EMPLOYEE R/O VOMMAVARAM VILLAGES. RAYAVARAM MANDAL ANAKAPALLI DISTRICT ...RESPONDENT/COMPLAINANT(S): 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 quash the entire proceedings against the Petitioners in C.C.No.406 of 2026 in the file of the AddI. Judicial Magistrate of First Class, Judge at Yelamanchili., 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 dispense with the certified copies in CC No. 406 of 2026 in the file of the AddI. Judicial Magistrate of First Class, Judge at Yelamanchili 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 STAY of all further proceedings including the appearance of the petitioners in CC No. 406 of 2026 in the file of Addl, Judicial Magistrate of First Class, Judge at Yelamanchili. pending disposal of the main Criminal Petition, Counsel for the Petitioner/accused(S): 1. MAGANTI SAI KRISHNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.8350 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 petitioners herein (A2 to A7), seeking to quash the proceedings in C.C.No.406 of 2026 on the file of the Additional Judicial First Class Magistrate, Yelamanchili, wherein they were charged with the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioners and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1. 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 (A2 to A7) 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, there are no grounds to quash the proceedings at this stage. So far as dispensing with the presence of the petitioners herein, before the trial Court, he has not opposed the same. 4 MRK,J Crl.P.No.8350 of 2026 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 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. 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 petitioners herein (A2 to A7) before the Additional Judicial First Class 12022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.8350 of 2026 Magistrate, Yelamanchili, in C.C.No.406 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 19.09.2026 MDP