APHC010026972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 410/2026 Between: 1. MALA RAMANJINEYULU, S/O LATE M.PEDDAIAH, AGED ABOUT 40 YEARSR/O H.NO.2-34, ALARUDINNE VILLAGE POST,DEVANAKONDA MANDAL, KURNOOL DISTRICT. 2. MALA LAKSHMIDEVI, W/O LATE M.PEDDAIAH, AGED ABOUT 70 YEARSH.NO.2-34, ALARUDINNE VILLAGE POST,DEVANAKONDA MANDAL, KURNOOL DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,IN THE HONBLE HIGH COURT OF ANDHRA PRADESHAT AMARAVATHI, ANDHRA PRADESH. 2. M SWATHI, W/O M.RANGASWAMY, AGED ABOUT 23 YEARSR/O H.N0.21/514-7D, AMBEDKAR NAGAR,ADONI TOWN AND MANDAL, KURNOOL DISTRICT. ...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 Courtmay be pleased to quash the proceedings in C.C.No.1125 of 2025 on the file of the Court of the Honble I Additional Judicial Magistrate of First Class, Adoni, Kurnool District and pass such 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 may be pleased to dispense with the filing of certified copies of C.C.No.1125 of 2025 on the file of the Court of the Honble I Additional Judicial Magistrate of First Class, Adoni, Kurnool District, pending disposal of the Criminal Petition and pass IA NO: 2 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 may be pleased to stay of all further proceedings, including the stay of appearance of the petitioners herein, in C.C.No.1125 of 2025 on the file of the Court of the Honble I Additional Judicial Magistrate of First Class, Adoni, Kurnool District, pending disposal of the Criminal Petition and pass such Counsel for the Petitioner/accused(S): 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 410/2026 ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash the proceedings against petitioners/accused Nos.4 and 5 in C.C.No.1125 of 2025 on the file learned I Additional Judicial Magistrate of First Class, Adoni, Kurnool District, registered for the alleged offence punishable under Section 85, 351 read with 3(5) of Bharatiya Nyaya Sanhita (for brevity, ‘the BNS) and Section 3 and 4 of Dowry Prohibition Act. 2. Heard the learned counsel for the petitioner/accused Nos.4 and 5 and the learned Assistant Public Prosecutor on behalf of the Sate. Perused the record. 3. Learned counsel for the petitioners submits that the petitioners (arrayed as Accused Nos.4 and 5) were not charged by the learned Investigating Officer. However, the learned Jurisdictional Magistrate is insisting the presence of the petitioners, who are aged about 40 years and 70 years respectively, despite there being no protest petition filed by the de-facto complainant objecting to the deletion of the petitioners from the array of accused in the charge-sheet. It is contended that the learned Magistrate has no jurisdiction to insist upon the presence of the petitioners/Accused Nos.4 and 5. 4. Learned Assistant Public Prosecutor on behalf of the State would submit that the Court may pass appropriate orders. 5. In that view of the matter, the Criminal Petition is disposed of, directing the learned Jurisdictional Magistrate to proceed with the C.C.No.1125 of 2025, in accordance with law and not to insist the presence of the petitioners, if no application is filed by the de-facto complainant to charge them also. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.01.2026 KKV