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2026 DAILYLAW 5468 (AP)

Neeli Syed Zahida Begum Alias Shaik Zahida Begum v. The State of Andhra Pradesh

CRLP/5599/2026 · 2026-07-08

Maheswara Rao Kuncheam

body2026

Judgment text

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Date of pronouncement Date of uploading APHC010347682026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE 9 THE HONOURABLE SRI JUSTICE MAHESWARA RAO CRIMINAL PETITION NO: 5599/2026 Between: 1. NEELI SYED ZAHIDA BEGUM ALIAS SHAIK ZAHIDA BEGUM, W/O SHAIKDILEEF BASHA, AGED ABOUT 62 YEARS. RESIDENT OF D.NO. 19/71,RAMESWARAMPETA, PRODDATUR TOWN, YSR KADAPA DISTRICT 2. SHAIK DILEEF BASHA ALIAS DILEEF, S/O LATE ABDUL GAFAR, AGED ABOUT64 YEARS. RESIDENT OF D.NO. 19/71, RAMESWARAMPETA, PRODDATURTOWN, YSR KADAPA DISTRICT - 516360. 1. THE STATE OF ANDHRA PRADESH, THROUGH THE S.H.O., PRODDATUR IITOWN U/G P.S., YSR KADAPA DISTRICT, REPRESENTED BY ITS PUBLICPROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2. SHAIK ARSHIYA BEGUM, D/O LATE SHAIK NAZEER AHMED, RESIDENT OFD.NO. 16/178, SYED SAHEB STREET, NADIMPALLI, PRODDATUR TOWN, YSR KADAPA 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 : 09.07.2026 : 18.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5599/2026 NEELI SYED ZAHIDA BEGUM ALIAS SHAIK ZAHIDA BEGUM, W/O SHAIKDILEEF BASHA, AGED ABOUT 62 YEARS. RESIDENT OF D.NO. 19/71,RAMESWARAMPETA, PRODDATUR TOWN, YSR KADAPA DISTRICT - 516360. SHAIK DILEEF BASHA ALIAS DILEEF, S/O LATE ABDUL GAFAR, AGED ABOUT64 YEARS. RESIDENT OF D.NO. 19/71, RAMESWARAMPETA, PRODDATURTOWN, YSR KADAPA DISTRICT ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, THROUGH THE S.H.O., IITOWN U/G P.S., YSR KADAPA DISTRICT, REPRESENTED BY ITS PUBLICPROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. SHAIK ARSHIYA BEGUM, D/O LATE SHAIK NAZEER AHMED, RESIDENT OFD.NO. 16/178, SYED SAHEB STREET, NADIMPALLI, PRODDATUR TOWN, YSR KADAPA DISTRICT - 516360. ...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 against IN THE HIGH COURT OF ANDHRA PRADESH [3504] KUNCHEAM NEELI SYED ZAHIDA BEGUM ALIAS SHAIK ZAHIDA BEGUM, W/O SHAIKDILEEF BASHA, AGED ABOUT 62 YEARS. RESIDENT OF D.NO. 19/71,RAMESWARAMPETA, PRODDATUR TOWN, YSR SHAIK DILEEF BASHA ALIAS DILEEF, S/O LATE ABDUL GAFAR, AGED ABOUT64 YEARS. RESIDENT OF D.NO. 19/71, RAMESWARAMPETA, PRODDATURTOWN, YSR KADAPA DISTRICT ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, THROUGH THE S.H.O., IITOWN U/G P.S., YSR KADAPA DISTRICT, REPRESENTED BY ITS PUBLICPROSECUTOR, HIGH COURT OF SHAIK ARSHIYA BEGUM, D/O LATE SHAIK NAZEER AHMED, RESIDENT OFD.NO. 16/178, SYED SAHEB STREET, NADIMPALLI, 516360. ...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 pleased to quash the proceedings against 2 MRK,J Crl.P.No.5599 of 2026 the petitioners/A2 & A3 in C.C. No. 302 of 2026 on the file of the learned I Additional Judicial Magistrate of First Class, Proddatur, arising out of Crime No. 39/2026 of Proddatur II Town U/G P.S., registered for the offences under Sections 85 r/w 3(5) of BNS and Sections 3 and 4 of D.P. Act, 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 to grant stay of all further proceedings in C.C. No. 302 of 2026 on the file of the learned I Additional Judicial Magistrate of First Class, Proddatur, including the appearance of the petitioners/A2 & A3 pending disposal of the main quash petition, Counsel for the Petitioner/accused(S): 1. KALEEMULLA S Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.5599 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 (A2 & A3), seeking to quash the charge sheet in C.C.No.302 of 2026 on the file of the learned I Additional Judicial First Class Magistrate, Proddatur, wherein they were charged with the offences punishable under Section 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 & 4 of the 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 are A2 & A3, who are charged under Section 85 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961, in C.C.No.302 of 2026 on the file of the learned I Additional Judicial First Class Magistrate, Proddatur. 4. Learned counsel for the petitioners further submits that the petitioners herein (A2 & A3), who are the old age parents of A1, are aged about 62 and 64 years, respectively. 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 4 MRK,J Crl.P.No.5599 of 2026 present petition to dispensing with the personal appearance of the petitioners in the proceedings in C.C.No.302 of 2026 before the trial Court. 6. On the other hand, the learned Assistant Public Prosecutor fairly submits that the petitioners herein (A2 & A3) are the old age parents of A1. 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 (A2 & A3) before the learned I Additional Judicial First Class Magistrate, Proddatur, in C.C.No.302 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: 09.07.2026 MDP