APHC010366952026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 17 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5915/2026 Between: 1. BOYINA SRIRAAJ, S/O BOYINA UDAYA SHANKAR,AGED ABOUT 35 YEARS.OCCUPATION SOFTWARE EMPLOYEE,R/O FLAT NO. 304,FORTUNE SAMRAT APARTMENTS,ROAD NO. 18, PANCHAVATI COLONY,MANIKONDA,HYDERABAD 2. BOYINA UDAYA SHANKAR, S/O LATE PRAKASH RAO,AGED 67 YEARS,R/O FLAT NO. 201,MW BLISS,VIVEKANANDA NAGAR,YENDADA,VISAKHAPATNAM 3. BOYINA SARADA DEVI, W/O BOYINA UDAYA SHANKAR,AGED ABOUT 56 YEARS.OCCUPATION HOUSEWIFE,R/O FIAT NO. 201,MW BLISS,VIVEKANANDA NAGAR,YENDADA,VISAKHAPATNAM 1. THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER,DISHA WOMEN POLICE STATION, VISAKHAPATNAM CITYTHROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. GUDLA AMULYA, W/O BOYINA SRIRA YEARS,R/O FLAT NO. 302,FAMES CORAL NAGAR,NEAR SANSKRITHI SCHOOL,YENDADA,VISAKHAPATNAM 530 045. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 17th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5915/2026 SRIRAAJ, S/O BOYINA UDAYA SHANKAR,AGED ABOUT 35 YEARS.OCCUPATION SOFTWARE EMPLOYEE,R/O FLAT NO. 304,FORTUNE SAMRAT APARTMENTS,ROAD NO. 18, PANCHAVATI COLONY,MANIKONDA,HYDERABAD - 500 089. BOYINA UDAYA SHANKAR, S/O LATE PRAKASH RAO,AGED 67 YEARS,R/O FLAT NO. 201,MW BLISS,VIVEKANANDA NAGAR,YENDADA,VISAKHAPATNAM- 530 045. BOYINA SARADA DEVI, W/O BOYINA UDAYA SHANKAR,AGED ABOUT 56 YEARS.OCCUPATION HOUSEWIFE,R/O FIAT NO. 201,MW BLISS,VIVEKANANDA NAGAR,YENDADA,VISAKHAPATNAM- 530 045. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER,DISHA WOMEN POLICE STATION, VISAKHAPATNAM CITYTHROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. GUDLA AMULYA, W/O BOYINA SRIRAAJ,AGED ABOUT 32 YEARS,R/O FLAT NO. 302,FAMES CORAL NAGAR,NEAR SANSKRITHI SCHOOL,YENDADA,VISAKHAPATNAM ...RESPONDENT/COMPLAINANT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM SRIRAAJ, S/O BOYINA UDAYA SHANKAR,AGED ABOUT 35 YEARS.OCCUPATION SOFTWARE EMPLOYEE,R/O FLAT NO. 304,FORTUNE SAMRAT APARTMENTS,ROAD NO. 18, PANCHAVATI BOYINA UDAYA SHANKAR, S/O LATE PRAKASH RAO,AGED ABOUT 67 YEARS,R/O FLAT NO. 201,MW BLISS,VIVEKANANDA BOYINA SARADA DEVI, W/O BOYINA UDAYA SHANKAR,AGED ABOUT 56 YEARS.OCCUPATION HOUSEWIFE,R/O FIAT NO. 201,MW BLISS,VIVEKANANDA ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER,DISHA WOMEN POLICE STATION, VISAKHAPATNAM CITYTHROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF AJ,AGED ABOUT 32 YEARS,R/O FLAT NO. 302,FAMES CORAL-LL,SUBHASH NAGAR,NEAR SANSKRITHI SCHOOL,YENDADA,VISAKHAPATNAM - ...RESPONDENT/COMPLAINANT(S): 2 MRK,J Crl.P.No.5915 of 2026 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 C.C. No.2839 of 2024 on the file of the Hon'ble I Additional Chief Metropolitan Magistrate, Visakhapatnam, arising out of FIR No.143 of 2024 dated 21.05.2024 and the Charge Sheet dated 11.07.2024 of Disha Women Police Station, Visakhapatnam City, against the petitioners herein 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 filing of the original certified copy of C.C. No. 2839 of 2024 on the file of Hon'ble I Additional Chief Metropolitan Magistrate, Visakhapatnam before this Hon’ble Court 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 all further proceedings including personal appearance in C.C. No. 2839 of 2024 on the file of the Hon'ble I Additional Chief Metropolitan Magistrate, Visakhapatnam, arising out of FIR No: 143 /2024 dated 21/05/2024 of Disha Police Station, Visakhapatnam pending disposal of the above petition Counsel for the Petitioner/accused(S): 1. NALLURI RAMESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.5915 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 (A1 to A3), seeking to quash the charge sheet in C.C.No.2839 of 2024 on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam, wherein they were charged with the offences punishable under Sections 498A & 506 of the Indian Penal Code, 1860, and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. 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 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not 4 MRK,J Crl.P.No.5915 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 (A1 to A3) before the I Additional Chief Metropolitan Magistrate, Visakhapatnam, in C.C.No.2839 of 2024 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: 17.07.2026 MDP