APHC010309322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4917/2026 Between: 1. THADI JAGADEESH, S/O T.MADDILETY,AGED 28 YEARS, OCC UNEMPLOYEE,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.101, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN. 2. THADI MADDILETY, S/O. YELLAIAH,AGED 57 YEARS, OCC CONTRACTOR,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.LOL, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN 3. THADI RAMATULASI, W/O. T.MADDILETI,AGED 48 YEARS, OCC HOUSEWIFE,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.LOL, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN 4. THADI HIMABINDU, D/O.T.MADDILETY,AGED 27 YEARS, OCC HOUSEWIFE,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.LOL, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT FOR THE STATE 2 OF A.P. AT AMARAVATI 2. MELAKUNTLA RAMYASRI, D/O. LATE MADHUSUDHAN RAO,AGED ABOUT 27 YEARS, OCC SAREEE BUSINESS,R/O. FLAT NO. 101, 1 FLOOR, VISHWA SAI NIVAS,ARORA NAGAR, B-CAMP, KURNOOI - 518 002.PRESENT R/O D.NO. 111/9/58, 138 LANERAGAMAYURI VILLAGE, KALLUR MANDAL KURNOOL DISTRICT, A.P-518 218 ...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 the proceedings in DVC. No.99/2025, on the file of the Honble IV Addl. Judicial Magistrate of First Class- cum- Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable U/SS 12 of the Protection of Women from Domestic Violence act, 2005 (43 of 2005)against the PetItioners/RespondentsNos.lto 4 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 may be pleased to grant stay of all further proceedings including appearance of the Petitioners/Respondents Ito 4 in DVC. No.99/2025, on the file of the Hon'ble IV Addl. Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable U/SS 12 of the Protection of Women from Domestic Violence act, 2005 (43 of 2005), against the Petitioners/Respond ents Nos. Ito 4 and pass Counsel for the Petitioner/accused(S): 1. P VENKATA NARASIMHULU 2. P.VENKATA NARASIMHULU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4917 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, seeking to quash the proceedings in DVC No.99 of 2025 on the file of the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable under Section 12 of the Protection of Women under Domestic Violence Act, 2005. 2. Heard learned counsel for the petitioners and Sri Nelothpal Ganji, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners submits that the petitioners herein are charged for the offence punishable under Section 12 of the Protection of Women under Domestic Violence Act, 2005, in DVC No.99 of 2025 on the file of the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool. 4 4. During the course of arguments, learned counsel for the petitioners restricted his prayer to the extent of dispensing with the personal appearance of petitioners herein in the DVC proceedings before the trial Court. 5. On the other hand, the learned Assistant Public Prosecutor submits that there are specific allegations against the petitioners herein and as such, he opposed the prayer of the petitioners. 6. However, considering the submissions made by learned counsel for the petitioners as well as learned Assistant Public Prosecutor and after perusal of the entire material available on record, the presence of petitioner Nos.2 to 4 (Respondent Nos.2 to 4) alone before the Additional Judicial Magistrate of First Class- cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool in DVC No.99 of 2025 is hereby dispensed with, except on those dates when the learned Judge feels that their presence is necessary. 7. Accordingly, the Criminal Petition is disposed of. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.07.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4917 of 2026 Date: 13.07.2026 PSA