APHC010360202026 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: 5804/2026 Between: 1. BUCHIGARI KIRAN, S/O VISWESWARA RAO,AGED ABOUT 34YRS, OCC PRACTICING ADVOCATE,HIGH COURT OF ANDHRA PRADESH,N/O H.NO.2-115, SC COLONY, KADUMURU VILLAGE,MIDTHUR MANDAL, KURNOOL DISTRICT,PRESENTLY R/O FLAT NO. 202, 2 FLOOR, KEERTHIVIHAR APARTMENT,KEERTHI ESTATETADEPALLI ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT FOR THE STATE OF ANDHRA PRADESH,AMARAVATI. 2. C NAGESWARA RAO, S/O NOT KNOWN.AGED ABOUT 52YRS, OCC HEAD CONSTABLE -2099,KURNOOL II TOWN POLICE STATION, KURNOOL 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 the proceedings against the petitioner/Accused 2 No.3 in CC No. 341 of 2023 on the file of the Judicial Magistrate of First Class, prohibition and Excise, Kurnool 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 dispense with the filing of the certified copy of the charge sheet in C.C.No.341 of 2023 on the file of the Judicial Magistrate of First Class, Prohibition and Excise, Kurnool, 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 of all further proceedings including the appearance of the Petitioner/Accused No.3 in C.C.No.341 of 2023 on the file of the Judicial Magistrate of First Class, Prohibition and Excise, Kurnool, pending disposal of the main Criminal Petition, Counsel for the Petitioner/accused: 1. MEDARA SIVA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5804 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 petitioner herein (A3), seeking to quash the proceedings in CC No.341 of 2023 on the file of the Judicial Magistrate of First Class, Kurnool, for the offence punishable under Sections 332 and 506 read with 34 IPC. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioner submits that the petitioner herein is charged for the offence punishable under Sections 332 and 506 read with 34 IPC, in CC No.341 of 2023 on the file of the Judicial Magistrate of First Class, Kurnool. 4. During the course of arguments, learned counsel for the petitioner restricted his prayer to the extent of dispensing with the personal appearance of petitioner herein in the CC proceedings before the trial Court. 4 5. On the other hand, the learned Assistant Public Prosecutor submits that there are specific allegations against the petitioner herein and as such, he opposed the prayer of the petitioner. 6. However, considering the submissions made by learned counsel for the petitioner as well as learned Assistant Public Prosecutor and after perusal of the entire material available on record, the presence of petitioner (Accused No.3) alone before the Judicial Magistrate of First Class, Kurnool in CC No.341 of 2023 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: 5804 of 2026 Date: 15.07.2026 PSA