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2026 DAILYLAW 5970 (AP)

Chelikhani Naga Chaitanya Krishna v. The State of Andhra Pradesh

CRLP/5919/2026 · 2026-07-16

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010366402026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 17 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5919/2026 Between: 1. CHELIKHANI NAGA CHAITANYA KRISHNA, S/O DHAMODHER RAO,AAE- 43 YEARS OCC PVT EMPLOYEER/O MUTYALU RESIDENCE, CHINTHAL HMT TOWNSHIP,MALKAJGIRI, HYDERABAD. 2. CHELIKHANI SOWBHAGYA LAKSHMI, W/O DHAMODHAR RAO,AGE 59 YEARS, OCC HOUSEWIFER/O H.NO.3 TOWN,KHAMMAM DIST. 3. CHELIKHANI NAGA VAMSI KRISHNA, S/O DHAMODHAR RAO,AGE 39 YEARS, OCC GOVT EMPLOYEER/O FLAT NO.204, RANGA NAGAR, BALANAGAR,MEDCHAL, HYDERABAD. 4. CHELIKHANI DHAMODHAR RAO, S/O SATYANARAYANA,AGE 59 YEARS, OCC CONTRACT EMPLOYEER/O H.NO 214/1,ASWAPURAM TOWN,KHAMMAM DIST. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI GUNTUR DISTRICT 2. CHELIKHANI MEHAR JYOTHI, W/O NAGA CHAITANYA KRISHNA AGE- 32 YEARS, OCC HOUSEWIFER/O H.NO.3 JANDA CHETTU,MONT FORT ROAD, REPALLE TOWN, BAPATLA DIST.-522265 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: 5919/2026 NAGA CHAITANYA KRISHNA, S/O DHAMODHER 43 YEARS OCC PVT EMPLOYEER/O MUTYALU RESIDENCE, CHINTHAL HMT TOWNSHIP,MALKAJGIRI, CHELIKHANI SOWBHAGYA LAKSHMI, W/O DHAMODHAR RAO,AGE 59 YEARS, OCC HOUSEWIFER/O H.NO.3-214/1, ASWAPURAM TOWN,KHAMMAM DIST. CHELIKHANI NAGA VAMSI KRISHNA, S/O DHAMODHAR RAO,AGE 39 YEARS, OCC GOVT EMPLOYEER/O FLAT NO.204, RANGA NAGAR, BALANAGAR,MEDCHAL, HYDERABAD. CHELIKHANI DHAMODHAR RAO, S/O SATYANARAYANA,AGE 59 YEARS, OCC CONTRACT EMPLOYEER/O H.NO 214/1,ASWAPURAM TOWN,KHAMMAM DIST. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATI GUNTUR DISTRICT CHELIKHANI MEHAR JYOTHI, W/O NAGA CHAITANYA KRISHNA 32 YEARS, OCC HOUSEWIFER/O H.NO.3-6 JANDA CHETTU,MONT FORT ROAD, REPALLE TOWN, BAPATLA IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM NAGA CHAITANYA KRISHNA, S/O DHAMODHER 43 YEARS OCC PVT EMPLOYEER/O MUTYALU RESIDENCE, CHINTHAL HMT TOWNSHIP,MALKAJGIRI, CHELIKHANI SOWBHAGYA LAKSHMI, W/O DHAMODHAR RAO,AGE 214/1, ASWAPURAM CHELIKHANI NAGA VAMSI KRISHNA, S/O DHAMODHAR RAO,AGE 39 YEARS, OCC GOVT EMPLOYEER/O FLAT NO.204, RANGA CHELIKHANI DHAMODHAR RAO, S/O SATYANARAYANA,AGE 59 YEARS, OCC CONTRACT EMPLOYEER/O H.NO.3- ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT CHELIKHANI MEHAR JYOTHI, W/O NAGA CHAITANYA KRISHNA 6-177/1, NEAR JANDA CHETTU,MONT FORT ROAD, REPALLE TOWN, BAPATLA 2 MRK,J Crl.P.No.5919 of 2026 ...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 in CC No. 539 of 2025 on the file of Hon'ble Additional Junior Civil Judge Repalle, Guntur District 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 certified copy of C.C.No.539 of 2025 on the file of Hon'ble Additional Junior Civil Judge, Repalle, Guntur District, in the interest of justice 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 in C.C.No.539 of 2025 on the file of Hon'ble Additional Junior Civil Judge, Repalle, Guntur District, including appearance of the petitioners, pending disposal of the quash petition Counsel for the Petitioner/accused(S): 1. M M M SRINIVASA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.5919 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 A4), seeking to quash the charge sheet in C.C.No.539 of 2025 on the file of the Additional Junior Civil Judge, Repalle, 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 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.5919 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 A4) before the Additional Junior Civil Judge, Repalle, in C.C.No.539 of 2025 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