APHC010514262026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 29 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8653/2026 Between: 1. PATAN SHAZADI, W/O PATAN MUSHTAJA MUSLIM AGED ABOUT 60 YEARS, OCC HOUSEHOLD, OCC HOUSEHOLD,R/O D NO. 1 2082 KOTTALA PETA, PAMIDI 515775 ANANTAPUR 2. PATAN SADIK VALI, S/O PATAN MUSTAFA MUSLIM, AGED ABOUT 44 YEARS. OCC R/O D.NO. 1 PAMIDI, 515775 ANANTAPUR DISTRICT 3. PATAN SHAHEENA, W/O PATAN SADIK VALI MUSLIM, AGED ABOUT 34 YEARS, KOTTALAPETA PAMIDI 515775 ANANTAPUR DISTRICT 4. PATAN DADA BASHA KHALANDAR ALIAS DADA BASHA, S/O LATE PATAN MUSTAFA MUSLIM, AGE ABOUT 45 YEARS OCC BUSSINESS, R/O D.NO. 1 515775 ANANTAPUR DISTRICT 5. PATAN MASTANI, W/O PATHAN DADA KHALANDAR ALIAS DADA BASHA, MUSLIM, AGED ABOUT 36 YEARS. OCC HOUSEHOLD R/O D.NO. 1-633, NEAR MUTTON ANANTAPUR DISTRICT 6. PATAN KHALANDAR, S/O PATAN MUSHTAFA MUSLIM, AGED ABOUT 38 YEARS, D.NO. 10 15775 ANANTAPUR DISTRICT 7. GIDDEBHAI PATAN NEELUFAR, GIDDEBHAI PATAN NEELUFAR PER CHARGE SHEET PATAN MUSLIM, AGED ABOUT 34 YEARS OCC HOUSE HOLD, R/O D.NO 10-174.KALAVA GADDA VEEDHI PAMIDI 515775, 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: 8653/2026 PATAN SHAZADI, W/O PATAN MUSHTAJA MUSLIM AGED ABOUT OCC HOUSEHOLD, OCC HOUSEHOLD,R/O D NO. 1 2082 KOTTALA PETA, PAMIDI 515775 ANANTAPUR PATAN SADIK VALI, S/O PATAN MUSTAFA MUSLIM, AGED ABOUT 44 YEARS. OCC R/O D.NO. 1-2086, KOTTALAPETA, PAMIDI.PO PAMIDI, 515775 ANANTAPUR DISTRICT PATAN SHAHEENA, W/O PATAN SADIK VALI MUSLIM, AGED ABOUT 34 YEARS, OCC HOUSEHOLD, R/O D.NO. 1 KOTTALAPETA PAMIDI 515775 ANANTAPUR DISTRICT PATAN DADA BASHA KHALANDAR ALIAS DADA BASHA, S/O AN MUSTAFA MUSLIM, AGE ABOUT 45 YEARS OCC BUSSINESS, R/O D.NO. 1-633,NEAR MUTTON MARKET PAMIDI 515775 ANANTAPUR DISTRICT PATAN MASTANI, W/O PATHAN DADA KHALANDAR ALIAS DADA BASHA, MUSLIM, AGED ABOUT 36 YEARS. OCC HOUSEHOLD R/O 633, NEAR MUTTON MARKET PAMIDI,515775 ANANTAPUR DISTRICT PATAN KHALANDAR, S/O PATAN MUSHTAFA MUSLIM, AGED D.NO. 10-174, KALAVAGADDA VEEDHIPAMIDIS 15775 ANANTAPUR DISTRICT GIDDEBHAI PATAN NEELUFAR, GIDDEBHAI PATAN NEELUFAR PER CHARGE SHEET PATAN NEELU W/O PATAN KHALANDAR MUSLIM, AGED ABOUT 34 YEARS OCC HOUSE HOLD, R/O D.NO 174.KALAVA GADDA VEEDHI PAMIDI 515775, AS ANANTAPUR IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM PATAN SHAZADI, W/O PATAN MUSHTAJA MUSLIM AGED ABOUT OCC HOUSEHOLD, OCC HOUSEHOLD,R/O D NO. 1- PATAN SADIK VALI, S/O PATAN MUSTAFA MUSLIM, AGED ABOUT PAMIDI.PO PATAN SHAHEENA, W/O PATAN SADIK VALI MUSLIM, AGED R/O D.NO. 1-2086. PATAN DADA BASHA KHALANDAR ALIAS DADA BASHA, S/O AN MUSTAFA MUSLIM, AGE ABOUT 45 YEARS OCC 633,NEAR MUTTON MARKET PAMIDI PATAN MASTANI, W/O PATHAN DADA KHALANDAR ALIAS DADA BASHA, MUSLIM, AGED ABOUT 36 YEARS. OCC HOUSEHOLD R/O MARKET PAMIDI,515775 PATAN KHALANDAR, S/O PATAN MUSHTAFA MUSLIM, AGED 174, KALAVAGADDA VEEDHIPAMIDIS GIDDEBHAI PATAN NEELUFAR, GIDDEBHAI PATAN NEELUFAR NEELU W/O PATAN KHALANDAR MUSLIM, AGED ABOUT 34 YEARS OCC HOUSE HOLD, R/O D.NO AS ANANTAPUR 2 MRK,J Crl.P.No.8653 of 2026 DISTRICT 8. G HINANAZ ALIAS HEEN, W/O P. MAHABOOB BASHA MUSLIM, AGED ABOUT 30 YEARS, R/O D. NO. 1-2084, KOTTALA PETA STREET PAMIDIANANTAPUR DISTRICT OCC HOUSEHOLD 515775 9. PATAN SHASHA VALI, S/O PATAN MUSATAFA MUSLIM,AGED ABOUT 48 YEARS, OCC BUSINESS R/O D.NO.2-14-A, DHAGRGA PAMIDI 515775 ANANTAPUR DISTRICT STREET 10. PATAN JAREENA, PATAN JAREENA AS PER CHARGE SHEET PATAN ZAREENA W/O PATAN SHASHA VALI MUSLIM, AGED ABOUT 46 YEARS OCC HOUSE HOLD, R/O D.NO, 2-14-A, DHAGRGA SNEET PAMIDI 515775 ANANTAPUR DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, A.P. HIGH COURT THROUGH 1 TOWN P.S ADONI KURNOOL DISTRICT 2. K UMME SALMA, W/O PATAN MASTAN VALI. AGED ABOUT 36 YEARS, OCC HOUSEHOLD, R/O D. NO. 12/781, MASJIDPURA, STREET ADONI KURNOOL 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 may be please to Quash the Calendar Case viz C.C.No.190 of 2020 on the file of Judicial Magistrate of First Class Adoni to the extent of the petitioners A2 to A11 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 grant Stay of all further proceedings including the personal appearance in Calendar Case viz C.C. No 190 of 2020 on the file of Judicial Magistrate of First Class Adoni to the extent of petitioners - accused 2 to 11 3 MRK,J Crl.P.No.8653 of 2026 Counsel for the Petitioner/accused(S): 1. M MEHDI HUSSAIN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 4 MRK,J Crl.P.No.8653 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 A11), seeking to quash the proceedings in C.C.No.190 of 2020 on the file of the Judicial Magistrate of First Class, Adoni, wherein they were charged with 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 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 A11) 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. 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 5 MRK,J Crl.P.No.8653 of 2026 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 A11) before the Judicial Magistrate of First Class, Adoni, in C.C.No.190 of 2020 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In the 12022 LiveLaw (SC) 594 6 MRK,J Crl.P.No.8653 of 2026 event of failure of the petitioners 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 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: 29.09.2026 MDP