APHC010360382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5815/2026 Between: 1. TADIBOINA BRAHMAIAH, S/O. SUBBA RAO, AGED ABOUT 58 YEARS, R/OSCHOOL STREET, KOTHAPATNAM VILLAGE MANDAL, PRAKASAM DISTRICT, ANDHRAPRADESH 2. TADIBOINA POLAMMA, W/O. BRAHMAIAH, AGED ABOUT 52 YEARS, R/O SCHOOLSTREET, KOTHAPATNAM VILLAGE MANDAL, PRAKASAM DISTRICT, ANDHRAPRADESH. 3. TADIBOINA BALA SUBRAMANYAM, S/O. BRAHMAIAH, AGED ABOUT 38 YEARS,R/O SCHOOL STREET, KOTHAPATNAM VILLAGE MANDAL, PRAKASAM DISTRICT,ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI, THROUGH THE STATION HOUSEOFFICER, KOTHAPATNAM POLICE STATION, PRAKASAM DISTRICT. 2. THOTA SUNIL BABU, S/O. SUBBA RAO, AGED ABOUT 35 YEARS, R/O POSTOFFICE BAZAAR, KOTHAPATNAM VILLAGE MANDAL, PRAKASAM DISTRICT, ANDHRAPRADEH. ...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 CC. No.1048/2025 on the 2 file of lind Additional Munisiff Magistrate :: Ongole arising out of Crime No.40 of 2025 of Kothapatnam Police Station, Prakasam District for the offences punishable under Sections 126(2), 118(2) r/w Sec., 3(5) of the BNS, pending on the file of the Court of the II Additional Munsif Magistrate, Ongole, in the interest of justice. 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 certified copy of CC. No. 1048/2025 on the file of lind Additional Munisiff Magistrate Ongole arising out of Cr. No. 40 of 2025, dated 19 11-2025 on the file of before this Hon’ble Court 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 pleased to stay all further proceedings in CC. No. 1048/2025 on the file of lind Additional Munisiff Magistrate :: Ongole arising out of Crime No.40/2025 of Kothapatnam Police Station pending before the II Additional Munsif Magistrate, Ongole and pass Counsel for the Petitioner/accused(S): 1. Yadlapalli Sitharamanjaneyulu Counsel for the Respondent/complainant(S): 1. 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5815 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 CC No.1048 of 2025 on the file of the learned II Additional Munisiff Magistrate, Ongole, for the offence punishable under Sections 126(2), 118(2) read with 3(5) of the Bharatiya Nyaya Sanhitha, 2023. 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 are charged for the offence punishable under Sections 126(2), 118(2) read with 3(5) of Bharatiya Nyaya Sanhitha, 2023, in CC No.1048 of 2025 on the file of the learned II Additional Munisiff Magistrate, Ongole. 4. During the course of arguments, learned counsel for the petitioners restricted his prayer to the extent of dispensing with 4 the personal appearance of petitioners herein in the CC 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 petitioners herein alone before the learned II Additional Munisiff Magistrate, Ongole in CC No.1048 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: 15.07.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5815 of 2026 Date: 15.07.2026 PSA