1 APHC010509462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 10026/2025 Between: 1. SMT CHIKKALA SWARNA PRIYA, AGED 37 YEARS W/O PALISETTI PRAVEEN KUMAR OCC SENIOR ASSOCIATE, SBI R/O. QUARTER NO.F2, SBI STAFF QUARTERS BALAJI NAGAR, SIRIPURAM, VISAKHAPATNAM - 530 003 ...PETITIONER/ACCUSED AND 1. KORAPAKA GANESH PRASAD, S/O (LATE) TIRUPATI RAO, MIG-44, OLD APHB COLONY, SRIKAKULAM 2. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR AP HIGH COURT BUILDINGS, NELAPADU, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH PIN 522202 ...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 pleased to quash of the Criminal proceedings in C.C. No. 1/2021 pending before Hon’ble Principal District and Sessions Judge, Srikakulam arising from FIR No. 51/2012 on the file of II Town PS, Srikakulam for the offences punishable u/s 420, 403, 406, 120B IPC r/w 34 IPC and Section 5 of AP Protection of Depositors of Financial Establishments Act, 1999, against the Petitioner, where charge sheet is filed and pending before Hon’ble Principal District and Sessions Judge, Srikakulam, in the interest of Constitutional Justice and pass 2 IA NO: 1 OF 2025 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 dispense with filing of case documents such as (i) Complaint resulting in registration of FIR in FIR No. 51/2012 on the file of II Town PS, Srikakulam, (ii) FIR registered as in FIR No. 51/2012 on the file of II Town PS, Srikakulam, (iii) Witness statements recorded under Sec 161 CrPC in FIR No. 51/2012 on the file of II Town PS, Srikakulam, and (iv) charge sheet filed on 08-01-2019 by the I.O. in FIR No. 51/2012 on the file of II Town PS, Srikakulam, in C.C. No. 1/2021 pending before Hon’ble Principal District and Sessions Judge, Srikakulam arising from the charge sheet filed on 16-Aug- 2018 by the I.O. in FIR No. 51/2012 on the file of II Town PS, Srikakulam, and pass IA NO: 2 OF 2025 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 an interim relief of stay on all the further proceedings in C.C. No. 1/2021 pending before Hon’ble Principal District and Sessions Judge, Srikakulam arising from FIR No. 51/2012 on the file of H Town PS, Srikakulam for the offences punishable u/s 420, 403, 406, 120B IPC r/w 34 IPC and Section 5 of AP Protection of Depositors of Financial Establishments Act, 1999, against the Petitioner, where chargesheet is filed and pending before Hon’ble Principal District and Sessions Judge, Srikakulam, in the interest of Justice and pass Counsel for the Petitioner/accused: 1. K S S NARAYANA Counsel for the Respondent/complainant(S): 1. TANDASA RADHA RANI 2. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 10026 of 2025 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A13), seeking to quash the proceedings in CC No.1 of 2021 on the file of Principal District & Sessions Judge, Srikakulam for the offences punishable under Section 420, 403, 406, 120(B) read with 34 of the Indian Penal Code, 1860 and Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.2-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 (A13) 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. 4 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 (A13) before the Principal District & Sessions Judge, 12022 LiveLaw (SC) 594 5 Srikakulam, in C.C.No.1 of 2021 is hereby dispensed with, except on those dates when the learned trial Court feels that her 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, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.09.2026 RMR 6 63 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 10026 of 2025 19.09.2026 W RMR