APHC010520082026 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: 8738/2026 Between: 1. AVVARU HARI PRASAD, S/O CHINNA SUBBARAYUDU, AGED ABOUT 38 YEARS,OCC UNEMPLOYEE, R/O 16-522, K K STREET,VENKATAGIRI VILLAGE AND MANDAL, TIRUPATHI DISTRICT-524132 2. AWARU ANURADHA, W/O CHINNA SUBBARAYUDU, AGED ABOUT 61 YEARS,OCC UNEMPLOYEE, R/O 16-522, K K STREET,VENKATAGIRI VILLAGE AND MANDAL, TIRUPATHI DISTRICT -524132. 3. AWARU VENKATA SIVA SAI KRISHNA, S/O CHINNA SUBBARAYUDU, AGED ABOUT 38 YEARS,OCC PRIVATE EMPLOYEE, R/O 16-522, K K STREET,VENKATAGIRI VILLAGE AND MANDAL, TIRUPATHI DISTRICT -524132. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI - 522239. 2. JINKA TEJ DEEPTHI, W/O AWARU HARI PRASAD R/O D.NO.20/7A, NAGENDRA NAGAR, PRODDATUR,KADAPA DISTRICT, ANDHRA PRADESH - 516360. ...RESPONDENT/COMPLAINANT(S): 2 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 direct the Hon’ble I Additional Judicial Magistrate of First Class, Proddatur, Kadapa District, split up/separate the proceedings against those accused who are not presently available for trial or whose proceedings are stayed by orders of this Hon'ble Court, to proceed with the trial against the Petitioners I.e. Accused no. 1,3,6 and to direct the court to conduct the trail expeditiously and conclude the same within a time bound period fixed by this Hon'ble Court and permit the 2nd Petitioner/A3 to appear before the learned Trial Court through video conference/online mode whenever her presence is required and pass 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 to direct the Hon’ble I Additional Judicial Magistrate of First Class, Proddatur, Kadapa District, split up/separate the proceedings against those accused who are not presently available for trial or whose proceedings are stayed by orders of this Hon'ble Court, to proceed with the speedy trial against the Petitioners I.e. Accused no.1,3,6 and pass Counsel for the Petitioner/accused(S): 1. SRIDEVI JAMPANI Counsel for the Respondent/complainant(S): 1. SRIDEVI JAMPANI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8738 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 petitioners herein (A1, A3 & A6), seeking to quash the proceedings in C.C.No.67 of 2019 on the file of I Additional Judicial Magistrate of First Class, Proddatur, Kadapa District, for the offences under Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor. Perused the record. 3. Learned counsel for petitioners though raised several grounds to restrict her argument to the extent of expedite disposal. She further contends that petitioner No.1 (A1) is the husband of respondent No.2, petitioner No.2 is the mother of Accused No.1 and petitioner No.3 is married brother of Accused No.1. She further submits that, on account of the pendency of C.C.No.67 of 2019 on the file of I Additional Judicial Magistrate of First Class, Proddatur, Kadapa District, the petitioners are facing difficulty in attending the Court on each and every adjournment and as such, she restricted 4 her prayer only to the extent to direct the trial Court to expedite the disposal of C.C.No.67 of 2019 on the file of I Additional Judicial Magistrate of First Class, Proddatur, Kadapa District. 4. He further submits that the criminal proceedings against the family members of petitioner in the very same C.C.No.67 of 2019 were quashed by this Court in Crl.P.No.10226 of 2018, a copy of the same is annexed to the present Criminal Petition. 5. He relied upon 6. It is apt to note that way back in the year 1979 itself, Hon’ble Apex Court categorically in its vivid terms in Hussainara Khatoon Vs. State of Bihar1, held as under: “Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential ingredient of „reasonable, fair and just‟ procedure guaranteed by Article 21 and it is the constitutional obligation of the State to devise such a procedure as would ensure speedy trial of the accused.” 7. Recently,Hon’ble Apex Court inKailash Chandra Kapri Vs. State of Uttar Pradesh & others2at paragraph No.15 held as under: “15. The Right to have a speedy trial is one of the requirements of Article 21 of the Constitution irrespective of the fact whether the accused is in jail or on bail and furthermore irrespective of the nature of the crime. This 1AIR 1979 SC 1369 22026 LiveLaw (SC) 487 5 speedy trial is one of the requirements of Article 21 of the Constitution and from the facts and circumstances of a given case if the High court finds that the proceeding if allowed to continue will amount to violation of Article 21 of the Constitution then the High court should not hesitate to exercise its inherent powers under Section528 of the BNSS 2023 or in exercise of its writ jurisdiction under Article 226 of the Constitution.” 8. Considering the peculiar facts and circumstances of the case, as the C.C is of the year 2019 and in view of the fact that right to get speedy trial is an integral part of Article 21 of the Constitution of India and the same was vividly reiterated by the Hon’ble Apex Court, learned Trial Court is directed to dispose of the case in C.C.No.67 of 2019 as expeditiously as possible, and submit a report to that effect to the Registrar (Judicial). 9. In the result, the Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.10.2026 RMR 6 85 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8738 of 2026 Date: 01.10.2026 RMR