Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 5094 (AP)

Lakhinana Hemalatha v. The State of Andhra Pradesh

CRLP/5719/2026 · 2026-07-12

Maheswara Rao Kuncheam

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: Date of pronouncement : 13.07.2026 Date of uploading : 15.07.2026 APHC010354752026 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: 5719/2026 Between: 1. LAKHINANA HEMALATHA, W/O.LATE.SESHACHARYULU,AGED 58 YEARS, OEE WIDOW-HOME MAKER,,R/0.D.N0. 44-6-3, SEEOND FLOOR, 80 FEET ROAD,0PP.WATER TANK, TC PALEM, VISAKHAPATNAM CITY, PIN 530004 2. LAKHINANA ANVESH, S/O. LATE.SESHACHARYULU,AGED 30 YEARS, OCC BANK EMPLOYEE,R/O.H.NO.5-46/1, GANESHNAGAR, SRI SAI COLONY,BALANAGAR, HYDERABAD-TELANGANA STATE, PIN500054 3. LAKHINANA ANANTHA RAO, S/O. LATE.RAMAYYA,AGED 68 YEARS, OEE SENOR CITIZEN,R/O. HAPPY HOMES, SESHADRI-307, OLD ITI JUNCTION,KANCHARAPALEM, VISAKHAPATNAM CITY, PIN530008. 4. LAKHINANA JAGADEESWARI, W/O. ANANTHA RAO,AGED 62 YEARS, OCC SENIOR CITIZEN,R/O. HAPPY HOMES, SESHADRI-307, OLD ITI JUNCTION,KANCHARAPALEM, VISAKHAPATNAM CITY, PIN530008. ::2:: 5. CHELLAPILLICHITTI BABU ALIAS LALDIINANA CHITTIBABU, S/O.NARASIMHULU, AGED 65 YEARS, OCC DAILY WAGE EMPLOYEE,R/O. D.NO. 24-2-264, SRILAKSHMI NAGAR, KOMMADI,VISAKHAPATNAM CITY, PIN530048. 6. CHELLAPILLI JALAJAKSHI ALIAS LAKHINANA JALAJAKSHI, W/O.CHITTIBABU, AGED 62 YEARS, OCC SENIOR CITIZEN,R/O. D.NO. 24-2-264, SRILAKSHMI NAGAR, KOMMADI,VISAKHAPATNAM CITY, PIN530048. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. KANCHARANA SHIRISHA, W/O.L.HARISH,AGED 31 YEARS, OCC FASHION DESIGNER,R/O.FLATNO- 203, SRINIVASA ENCLAVE, P.F.COLONY,NEAR NETAJI PARK, CHINAMUSHIVADA,PENDURTHI MANDAL, VISAKHAPATNAM-PIN 531173. ...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 Courtpleased to quash the Proeeedings in C.C.No.26 of 2026,(Crime Number-225/2025) In the Honble Court of I Addl. Chief Judieial Magistrate af Visakhapatnam, against the Petitioners/Accused Numbers 3 to 8 , and to 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 pleased to dispense with the Certified Copy of Charge Sheet in in C.C.No. 26 of 2026 (Crime Number-225/2025) In the Honble ::3:: Court of I Addl. Chief Judicial Magistrate at Visakhapatnam, and to 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 pleased to Stay all further Proceedings in quash the Proceedings in C.C.No. 26 of 2026 ,(Crime Number-225/2025) In the Honble Court of I Addl. Chief Judicial Magistrate at Visakhapatnam, against the Petitioners/Accused Numbers 3 to 8 , and to pass Counsel for the Petitioner/accused(S): 1. S SATYANARAYANA MOORTHY 2. Satyanarayana Moorthy Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ::4:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5719 OF 2026 The Court made the following O R D E R: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS), has been filed on behalf of the petitioners herein (A3 to A8), seeking to quash the charge sheet in C.C.No.26 of 2026 on the file of the I Additional Chief Judicial Magistrate at Visakhapatnam, wherein they were charged for the offences punishable under Sections 85 of Bharatiya Nyaya Sanhita (BNS) and Sections 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 submits that the petitioners herein (A3 to A8) were charged with the offences punishable under Sections 85 of Bharatiya Nyaya Sanhita (BNS) ::5:: and Sections 3 and 4 of Dowry Prohibition Act, 1961 on the file of the I Additional Chief Judicial Magistrate at Visakhapatnam. 4. Learned counsel further submits that the allegations made against the petitioners (A3 to A8) are omnibus and devoid of specific over acts against each accused. 5. Though multiple grounds are raised in the affidavit, during the course of arguments, the learned counsel for the petitioners restricted the prayer in the present petition to dispensing with the personal appearance of the petitioners in the proceedings in C.C. No.26 of 2026 before the trial Court. 6. On the other hand, the learned Assistant Public Prosecutor fairly submits that the police filed charge-sheet against the petitioners under Sections 85 of Bharatiya Nyaya Sanhita (BNS) and Sections 3 and 4 of Dowry Prohibition Act, 1961 and the same was numbered as C.C.No.26 of 2026 on the file of the I Additional Chief Judicial Magistrate at Visakhapatnam. 7. Considering the submissions made by learned counsel for the petitioners, and after perusal of the entire material available on record, the presence of petitioners herein (A3 to A8) before I Additional Chief Judicial Magistrate at Visakhapatnam, in ::6:: C.C.No.26 of 2026 is dispensed with, except on those dates when the learned Magistrate feels that their presence is necessary. 8. Accordingly, the Criminal Petition is disposed of. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 13.07.2026 Krk ::7:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 54 CRIMINAL PETITION NO: 5719/2026 Dt: 13.07.2026 krk