APHC010515042026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 29 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8663/2026 Between: 1. LANKA SARADA DEVI, W/O. RAJESH, OCC HOUSE WIFER/ O. 1 Y.RAMAVARAM VILLAGE, ALLURI SEETHARAMARAJU DISTRICT, PIN 533483 1. THE STATE OF ANDHRA PRADESH, PROSECUTOR, HIGH COURT OF ANDHRA PRADESH ATAMARAVATHI. PIN 522239 2. GORLE ESWARI, W/O VARA PRASAD AGED 37 YEARS, R/O. MARKET STREET, Y. RAMAVARAM POST AND MANDAL, SEETHARAMARAJU DISTRICT, PIN 533483 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 to quash the proceedings in C.C.No.153 of 2025 on the file of the Judicial First Class Magistrate at Addateegala, Alluri Seetharamaraju District against the Petitioners/Accused Nos.1 and 3 in the interest of justice 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 grant stay of C.C.NO:153 of 2025 on the file of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8663/2026 LANKA SARADA DEVI, W/O. RAJESH, AGED ABOUT 40 YEARS, OCC HOUSE WIFER/ O. 1-32, VALMIKI STREET, VTC Y.RAMAVARAM VILLAGE, Y.RAMAVARAM POST AND MANDAL, ALLURI SEETHARAMARAJU DISTRICT, PIN 533483 ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP. BY ITSPUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH ATAMARAVATHI. PIN 522239 GORLE ESWARI, W/O VARA PRASAD AGED 37 YEARS, R/O. Y. RAMAVARAM POST AND MANDAL, SEETHARAMARAJU DISTRICT, PIN 533483 ...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 to quash the proceedings in C.C.No.153 of 2025 on the file of the Judicial First Class Magistrate at Addateegala, Alluri Seetharamaraju District the Petitioners/Accused Nos.1 and 3 in the interest of justice Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the tated in the Memorandum of Grounds of Criminal Petition, may be pleased to grant stay of all further proceedings in C.C.NO:153 of 2025 on the file of the Judicial First Class Magistrate IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM AGED ABOUT 40 YEARS, 32, VALMIKI STREET, VTC Y.RAMAVARAM POST AND MANDAL, ...PETITIONER/ACCUSED REP. BY ITSPUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH GORLE ESWARI, W/O VARA PRASAD AGED 37 YEARS, R/O. Y. RAMAVARAM POST AND MANDAL, ALLURI ...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 to quash the proceedings in C.C.No.153 of 2025 on the file of the Judicial First Class Magistrate at Addateegala, Alluri Seetharamaraju District the Petitioners/Accused Nos.1 and 3 in the interest of justice Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the tated in the Memorandum of Grounds of Criminal Petition, the all further proceedings in Judicial First Class Magistrate at 2 MRK,J Crl.P.No.8663 of 2026 Addateegala, Alluri Seetharamaraju District against the Petitioner Accused including the presence of the petitioner/Accused pending disposal of the above Criminal petition in the interest of justice Counsel for the Petitioner/accused: 1. V SANTHISREE Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.8663 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 (Accused), seeking to quash the proceedings in C.C.No.153 of 2025 on the file of the Judicial First Class Magistrate, Addateegala, wherein she was charged with the offences punishable under Sections 351(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023. 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 (Accused) before the trial Court by submitting petitioner’s practical constraints in attending before the trial Court and states that petitioner shall not dispute her 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. 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 4 MRK,J Crl.P.No.8663 of 2026 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 (Accused) before the Judicial First Class Magistrate, Addateegala, in C.C.No.153 of 2025 is hereby dispensed with, except on those dates when the learned trial Court feels that her presence is necessary. 1 2022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.8663 of 2026 In the event of failure of the petitioner to appear, when the trial Court specifically directs, this Order shall stand 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: 29.09.2026 Note: Issue C.C. by 01.10.2026 B/o. MDP