APHC010496622023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NOs: 7547/2023, 7549/2023, 7559/2023 AND 7730 OF 2023 CRIMINAL PETITION NO: 7547/2023 Between: 1. MOGILI MALLAIAH, S/O.SREERAMULU, 60 YEARS R/O.D.NO.74, HIG PHASE-3 ANNAMAYYA ENCLAVE, BHEL RAMACHANDRAPURAM, SANGAREDDY DISTRICT 502 032 2. MOGILI PADMAJA @ PADMAJA, W/O. MOGILI MALLAIAH 56 YEARS R/O. D.NO.74, HIG PHASE-3 ANNAMAYYA ENCLAVE, BHEL RAMACHANDRAPURAM SANGAREDDY DISTRICT 502 032 ...PETITIONER/ACCUSED(S) A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI 2. SMT DR THIMMASARTHI SOWJANYA, W/O. MOGILI CHAITANYA, 28 YEARS, R/O.D.NO.87-3-248/1, LALAPURAM ROAD, 2ND LANE, MAHATMAGANDI NAGAR, GUNTUR TOWN - 522004 GUNTUR 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 Court to quash and set aside the charge sheet vide C.C.No.3168 of 2023 on the file of the Court of the Judicial Magistrate of First Class for Special Mobile Court at Guntur being illegal, arbitrary and do not constitute any crime against the Petitioners/Accused herein and declare the action SRK, J Crl.P.No.7547 of 2023 & Batch 2 of defacto complainant as meant for wreaking vengeance against the Petitioners/Accused in the interest of justice and pass IA NO: 1 OF 2023 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 the filing of certified copy of Charge sheet CC No 3168/23 U/S 498A, 506 IPC and Sec 3&4 of Judicial Magistrate of First Class for Special Mobile Court, Guntur before this Hon'ble Court and pass IA NO: 2 OF 2023 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 stay of all further proceedings in the CC No.3168 of 2023 including dispense with the appearance of the Petitioner before the Court of the Judicial Magistrate of First Class for Special Mobile Court at Guntur till the disposal of the Main Quash Petition in the interest of the justice and pass Counsel for the Petitioner/accused(S): 1. SRINIVAS P Counsel for the Respondent/complainant(S): 1. SAMANTHA KRISHNA SRIRAMAKAVACHAM 2. PUBLIC PROSECUTOR (AP) 3. LEGAL AID CRIMINAL PETITION NO: 7549/2023 Between: 1. T. MADHAVARAO @ TIMMASARTHI MADHAVA RAO, S/O.T. VENKAIAH, 55 YEARS R/O.1303/2, RAILWAY QUARTERS TYPE-3, NEW METTUGUDA SECUNDERABAD, LALLAGUDA, ...PETITIONER/ACCUSED A N D SRK, J Crl.P.No.7547 of 2023 & Batch 3 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI 2. SMT DR THIMMASARTHI SOWJANYA, W/O. MOGILI CHAITANYA, 28 YEARS, R/O.D.NO.87-3-248/1, LALAPURAM ROAD, 2ND LANE, MAHATMAGANDI NAGAR, GUNTUR TOWN - 522004 GUNTUR 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 Court pleased to quash/ set aside the charge sheet vide C.C.No.3168 of 2023 on the file of the Court of the Judicial Magistrate of First Class for Special Mobile Court at Guntur being illegal, arbitrary and do not constitute / any crime against the Petitioners / Accused herein and declare the action of defacto complainant as meant for wreaking vengeance against the Petitioners/Accused in the interest of justice IA NO: 1 OF 2023 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 stay of all further proceedings in the CC No.3168 of 2023 including dispense with the appearance of the Petitioner before the Court of the Judicial Magistrate of First Class for Special Mobile Court at Guntur till the disposal of the Main Quash Petition in the interest of the justice Counsel for the Petitioner/accused: 1. SRINIVAS P Counsel for the Respondent/complainant(S): 1. SAMANTHA KRISHNA SRIRAMAKAVACHAM 2. PUBLIC PROSECUTOR (AP) 3. LEGAL AID CRIMINAL PETITION NO: 7559/2023 Between: 1. MOGILI CHAITHANYA, S/O. MOGILI MALLAIAH 35 YEARS R/O. D.NO.74, HIG PHASE 3, ANNAMAYYA ENCLAVE BHEL, RAMACHANDRAPURM SANGAREDDY DISTRICT - 502 032 TELANGANA STATE ...PETITIONER/ACCUSED SRK, J Crl.P.No.7547 of 2023 & Batch 4 A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI 2. SMT DR THIMMASARTHI SOWJANYA, W/O. MOGILI CHAITANYA, 28 YEARS, R/O.D.NO.87-3-248/1, LALAPURAM ROAD, 2ND LANE, MAHATMAGANDI NAGAR, GUNTUR TOWN - 522004 GUNTUR 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 Court may be pleased to quash/set aside the charge sheet vide C.C.No.3168 of 2023 on the file of the Court of the Judicial Magistrate of First Class for Special Mobile Court at Guntur being illegal, arbitrary and do not constitute any crime against the Petitioners/Accused herein and declare the action of defacto complainant as meant for wreaking vengeance against the Petitioners / Accused in the interest of justice IA NO: 1 OF 2023 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 the filing of certified copy of Charge sheet CC No 3168/23 U/S 498 A, 506 IPC and Sec 3 and 4 of Judicial Magistrate of First Class for Special Mobile Court, Guntur before this Court IA NO: 2 OF 2023 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 stay of all further proceedings in the CC No.3168 of 2023 including dispense with the appearance of the Petitioner before the Court of the Hon'ble Judicial Magistrate of First Class for Special Mobile Court at Guntur till the disposal of the Main Quash Petition in the interest of the justice Counsel for the Petitioner/accused: 1. SRINIVAS P SRK, J Crl.P.No.7547 of 2023 & Batch 5 Counsel for the Respondent/complainant(S): 1. SAMANTHA KRISHNA SRIRAMAKAVACHAM 2. PUBLIC PROSECUTOR (AP) 3. LEGAL AID CRIMINAL PETITION NO: 7730/2023 Between: 1. KONERU KRANTHI/MOGILI KRANTHI, D/O. MOGILI MALLAIAH, 30 YEARS, R/O. D.NO.74, HIG PHASE-3, ANNAMAYYA ENCLAVE, BHEL, RAMACHANDRAPURAM SANGAREDDY DISTRICT 502 032 ...PETITIONER/ACCUSED A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATI 2. SMT DR THIMMASARTHI SOWJANYA, W/O. MOGILI CHAITANYA, 28 YEARS, RIO. D.NO.87-3-248/1, LALAPURAM ROAD, 2ND LANE, MAHATMAGANDI NAGAR, GUNTUR TOWN - 522004 GUNTUR 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 Court pleased to quash and set/ aside the charge sheet vide C.C.No.3168 of 2023 on the file of the/ Court of the Judicial Magistrate of First Class for Special/ Mobile Court at Guntur being illegal, arbitrary and do not constitute./ any crime against the Petitioners / Accused herein and declare the action of defacto complainant as meant for wreaking vengeance against the Petitioners / Accused in the interest of justice and pass IA NO: 1 OF 2023 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 the - filing of certified copy of Charge sheet CC No 3168/23 U/S 498 A ,506 IPC and Sec 3and 4 of Judicial magistrate of First Class for Special Mobile Court, Guntur before this court and pass SRK, J Crl.P.No.7547 of 2023 & Batch 6 IA NO: 2 OF 2023 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 stay of all - further proceedings in the CC No.3168 of 2023 including` dispense with the appearance of the Petitioner before the Court of the Judicial- Magistrate of First Class for Special Mobile Court at Guntur till the disposal of the Main Quash Petition in the interest of the justice and pass Counsel for the Petitioner/accused: 1. SRINIVAS P Counsel for the Respondent/complainant(S): 1. SAMANTHA KRISHNA SRIRAMAKAVACHAM 2. PUBLIC PROSECUTOR (AP) 3. LEGAL AID The Court made the following: SRK, J Crl.P.No.7547 of 2023 & Batch 7 O R D E R These Criminal Petitions, under Section 482 of the Code of Criminal Procedure, 1973 have been filed on behalf of petitioners/accused Nos.1 to 5, to quash the proceedings in Calendar Case No.3168 of 2023 against the petitioners/accused Nos.1 to 5 pending on the file of the Judicial Magistrate of First Class for Special Mobile Court, Guntur, for the alleged offences punishable under Sections 498A and 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners/accused Nos.1 to 5, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners/accused Nos.1 to 5 before the trial Court. 3. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made in the report filed by the 2nd respondent/aggrieved person against the petitioners/accused Nos.1 to 5, 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. Heard. Perused the record. 5. Since there are specific accusations that have been made as against the petitioners/accused Nos.1 to 5 in the petition, SRK, J Crl.P.No.7547 of 2023 & Batch 8 that they were all alleged to have harassed 2nd respondent and demanded her to bring additional dowry, 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 482 CrPC, would not be in a position to conduct a roving enquiry into the disputed questions of fact and quash the proceedings at this stage. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners/accused Nos.1 to 5. 6. As regards the submission of the learned counsel for the petitioners with regard to dispensing with the presence of the petitioners/accused Nos.1 to 5 before the trial Court, this Court does not find any ground to dispense with the presence of petitioner in Criminal Petition No.7559 of 2023, who is accused No.1 in the subject Calendar Case. Accordingly, Criminal Petition No.7559 of 2023 is dismissed. 7. Criminal Petition Nos.7547 of 2023, 7549 of 2023 and 7730 of 2023 filed by accused Nos.2 to 5 are disposed of, dispensing with the presence of the petitioners therein/accused Nos.2 to 5 before the trial Court, except on those dates when the trial Court feels that their presence is necessary. SRK, J Crl.P.No.7547 of 2023 & Batch 9 8. The trial Court is directed to dispose of, the said Calendar Case as expeditiously as possible, without being uninfluenced by the observation made by this Court. 9. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petitions shall stand closed. JUSTICE K. SREENIVASA REDDY 16th March, 2026. DNB