APHC010376122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6123/2026 Between: 1. NUTANGI RAVI PRASAD, S/O. KRUPAIAH,A/A. 75 YEARS,R/O. D.NO. 1-5-116,AKKIREDDYPALEMV,PEDA GANTYADA MD,VISAKHAPATNAM DISTRICT, 2. NUTANGI LAKSHMI KUMARI, W/O.NUTANGI RAVI PRASAD,A/A. 62 YEARS,R/O. D.NO. 1-5-116,AKKIREDDYPALEMV,PEDA GANTYADA MDVISAKHAPATNAM DISTRIIT. 3. DOCTOR NUTANGI KIRAN PRASAD, S/O. RAVI PRASAD,A/A. 40 YEARS,R/O. FLAT NO.505,ARUNA TOWERS,OLD PANCHAYATI OFFICE ROAD.BESIDE SAI MESS,GUNADALA, VIJAYAWADA. 4. DOCTOR LAHARI BUGGAPATI, W/O. KIRAN PRASAD,A/A. 39 YEARS,R/O. D.NO.52-4-6,FLAT NO.505,ARUNA TOWERS,OLD PANCHAYATI OFFICE ROAD.BESIDE SAL MESS,GUNADALA, VIJAYAWADA. 5. NUTANGI SHEELA INDIRA,, W/O. PALAPU SAI KIRAN,A/A. 40 YEARS,R/O. D.NO. 1-5-116,AKKIREDDYPALEMV,PEDA GANTYADA MD,VISAKHAPATNAM DISTRICT. 6. PALAPU SAI KIRAN,, S/O. MASTHANAIAH,A/A. 42 YEARS,R/O. D.NO. 1-5-116,NEAR ELEMENTARY SCHOOL,AKKIREDDYPALEMV,PEDA GANTYADA MD,VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED(S) 2 MRK,J Crl.P.No.6123 of 2026 AND 1. THE STATE OF ANDHRA PRADESH, ,REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT BUILDINGS,HIGH COURT OF ANDHRA PRADESH,AMARAVATHI. 2. CHEELI SPANDANA, W/O.N. SUMAN PRASAD,D/O. CH. VITTAL PAUL,A/A.33 YEARS,R/O. D.N0.8-175A,NEAR SRINIVASA THEATRE,KATURU ROAD,VUYYURU PM,KRISHNA DISTRICT- 521165. ...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 entire proceedings in C.C. No.370/2026 on the file of IV Addl. Chief Judicial Magistrate, Vijayawada and 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 stay of all further proceedings including the presence of the petitioners 1 to 6 (accused No.2 to 7) in C.C. No.370/2026 on the file of IV Addl. Chief Judicial Magistrate, Vijayawada pending disposal of the above criminal petition in this Hon’ble Court and pass Counsel for the Petitioner/accused(S): 1. RAVI KUMAR C Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.6123 of 2026 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6123/2026 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 to A7), seeking to quash the charge sheet in C.C.No.370 of 2026 on the file of the IV Additional Chief Judicial Magistrate, Vijayawada, wherein they were charged with the offences punishable under Sections 85 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 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 4 MRK,J Crl.P.No.6123 of 2026 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not 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 (A2 to A7) before the IV Additional Chief Judicial Magistrate, Vijayawada, in C.C.No.370 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: 22.07.2026 krk 5 MRK,J Crl.P.No.6123 of 2026 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 69 CRIMINAL PETITION NO: 6123/2026 Dt: 22.07.2026 krk