APHC010351252026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 13 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5676/2026 Between: 1. Y ANURADHA, W/O GANGADHARARAO, AGE 37 YEARS,INDIRA COLONY, DAGHEPALLI, PALNADU DISTRICT A 2. R PADMAVATHI, W/O RAJANALA VENKATA NARAYANA, AGE 32 YEARS,TNAPARAJUPALLI VILLAGE, KAREMPUDI MANDAL, PALNADU DISTRICT A 1. R SIVA NAGA MALLEARI, W/O. NIRGUNA BABU, AGE 37 YEARS,KALYANA PURL COLONY, VINUKONDA VILLAGE, PAINADU DISTRICT. 2. THE STATE OF AP, VINUKONDA P.S., PALNADU DISTRICTREP BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI. 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 230/2026 on the file of Junior Civil Judge, Vin registered under Secs. 85, 115(2), 351(2), r/w.3(5) BNS, 3,and 4 of DPA and quash the same as the same is illegal, arbitrary and contrary to law and pass IA NO: 1 OF 2026 Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE 13th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5676/2026 ANURADHA, W/O GANGADHARARAO, AGE 37 YEARS,INDIRA COLONY, DAGHEPALLI, PALNADU DISTRICT A-4 R PADMAVATHI, W/O RAJANALA VENKATA NARAYANA, AGE 32 YEARS,TNAPARAJUPALLI VILLAGE, KAREMPUDI MANDAL, PALNADU DISTRICT A-5 ...PETITIONER/ACCUSED(S) AND SIVA NAGA MALLEARI, W/O. NIRGUNA BABU, AGE 37 YEARS,KALYANA PURL COLONY, VINUKONDA VILLAGE, PAINADU THE STATE OF AP, VINUKONDA P.S., PALNADU DISTRICTREP BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): 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 call for the records in CC No. 230/2026 on the file of Junior Civil Judge, Vinukonda, Palnadu district registered under Secs. 85, 115(2), 351(2), r/w.3(5) BNS, 3,and 4 of DPA and quash the same as the same is illegal, arbitrary and contrary to law and pass 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, IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM ANURADHA, W/O GANGADHARARAO, AGE 37 YEARS,INDIRA R PADMAVATHI, W/O RAJANALA VENKATA NARAYANA, AGE 32 YEARS,TNAPARAJUPALLI VILLAGE, KAREMPUDI MANDAL, ...PETITIONER/ACCUSED(S) SIVA NAGA MALLEARI, W/O. NIRGUNA BABU, AGE 37 YEARS,KALYANA PURL COLONY, VINUKONDA VILLAGE, PAINADU THE STATE OF AP, VINUKONDA P.S., PALNADU DISTRICTREP BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): 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 call for the records in CC No. ukonda, Palnadu district registered under Secs. 85, 115(2), 351(2), r/w.3(5) BNS, 3,and 4 of DPA and quash the same as the same is illegal, arbitrary and contrary to law and pass and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the 2 MRK,J Crl.P.No.5676 of 2026 High Court may be pleased to dispense with filing of certified copy of CC No. 230/2026 on the file of Junior Civil Judge, Vinukonda, Palnadu district registered under Secs. 85,115(2), 351 (2), r/w.3(5) BNS, 3,4 of DPA 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 to stay of all further proceedings including appearance In CC No. 230/2026 on the file of Junior Civil Judge, Vinukonda, Palnadu district registered under Secs. 85, 115(2), 351(2), r/w.3(5) BNS, 3,&4 of DPA, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. THOTA RAMAKOTESWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 MRK,J Crl.P.No.5676 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 (A4 & A5), seeking to quash the charge sheet in C.C.No.230 of 2026 on the file of the Judicial Magistrate of First Class at Vinukonda, wherein they were charged with the offences punishable under Sections 85, 115(2) & 351(2) 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.2-State. 3. Learned counsel for the petitioners after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners herein before the trial Court. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioners herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. 5. Since there are specific accusations that have been made as against the petitioners herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not 4 MRK,J Crl.P.No.5676 of 2026 be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. However, considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, presence of petitioners herein (A4 & A5) before the Judicial Magistrate of First Class at Vinukonda, in C.C.No.230 of 2026 is dispensed with, except on those dates when the learned Judge feels that their presence is necessary. 7. Accordingly, the Criminal Petition is disposed of. 8. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 13.07.2026 MDP