APHC010520222026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8740/2026 Between: 1. PINJARI SHAIKSHAVALI, S/O. PINJARI HANEEF,AGED 32 YEARS, MUSLIM, OCC LAB TECHNICIAN,R/O. D.NO.77/1356-18-C-2, NEAR MUZAFAR NAGAR WATER TANKKALLURU REVENUE WARD, KURNOOL DISTRICT - 518003. 2. PINJARI SHALIBEE, W/O. PINJARI HANEEF,AGED 49 YEARS, MUSLIM, OCC HOUSE WIFE,R/O. D.NO.77/1356-18-C-2, NEAR MUZAFAR NAGAR WATER TANKKALLURU REVENUE WARD, KURNOOL DISTRICT - 518003. 3. PINJARI HANEEF, S/O.- PINJARI MAHAD HUSSAIN,AGED 61 YEARS, MUSLIM, OCC LABOUR WORK,R/O. D.NO.3-72-6, PANDIPADU, INDUSTRIAL ESTATE,KURNOOL DISTRICT - 518003. 4. PINJARI SHASHAVALI, S/O. PINJARI HANEEF,AGED 31 YEARS, MUSLIM, OCC PRIVATE JOB,R/O. D.N0.77/1356-18-C-2, NEAR MUZAFAR NAGAR WATER TANK,KALLURU REVENUE WARD, KURNOOL DISTRICT - 518003. 5. PINJARI SHYNAS, W/O. PINJARI HUSSAIN,AGED 36 YEARS, MUSLIM, OCC HOUSE WIFE,R/O. D.NO.22-50D/247, BAIREDDY NAGAR,NANDIKOTKURU, KURNOOL DISTRICT-5118601. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2 2. PINJARI RESHMA, W/O.PINJARI SHAIKSHAVALI,D/O.PINJARI MASTHAN, AGED 25 YEARS, OCC HOUSE WIFE,R/O. TRIVARNA COLONY, DHONE TOWN,KURNOOL DISTRICT - 518222. ...RESPONDENT/COMPLAINANT(S): 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 Courtquash the entire proceedings in connection with CC. No. 1077 of 2025 on the file of court of Learned Judicial Magistrate of First Class, Dhone 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 grant stay of all further proceedings including appearance of the Petitioners/Accused Nos.1 to 5 in CC. No. 1077 of 2025 on the file of court of Learned Judicial Magistrate of First Class, Dhone., pending disposal of the main Criminal Petition Counsel for the Petitioner/accused(S): 1. RAJA DAMOJI RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8740 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 (A1 to A5), seeking to quash the proceedings in CC No.1077 of 2025 on the file of the learned Judicial Magistrate of First Class, Dhone, in Crime No.186 of 2025 of Dhone Town Police Station, registered for the offences punishable under Section 85 r/w 3(5) Bharatiya Nyaya Sanhita 2023 and Section 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-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 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. 4 So far as dispensing with the presence of the petitioners, 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 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 1 2022 LiveLaw (SC) 594 5 of the petitioners herein (A1 to A5) before the learned Judicial Magistrate of First Class, Dhone, in CC No.1077 of 2025 is hereby dispensed with, except on those dates when 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: 01.10.2026 APSK/vnb 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No: 8740 of 2026 Date: 01.10.2026 APSK/vnb