APHC010339342026 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE 13 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5435/2026 Between: 1. MOHIT DEEPU,, S/O. ASTHIK,AGED ABOUT 43 YEARS, OCC PASTOR OF PENIEL CHURCHR/O. VENUGOPALAPURAM VILLAGE,VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. 2. MOHIT DHANALAXMI,, VENUGOPALAPURAM VILLAGE,VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. 3. ARJELLA PYDAMMA,, W/O. BUSAIAH,AGED ABOUT 35 YEARS, R/O. ASHOK NAGAR,VIZIANAGARAM, VIZIANAGARAM DISTRICT 4. VANKARA APPAYYAMMA, , W/O. CHINNAYY YEARS. R/O. NEAR HEBRON SCHOOL,ASHOK NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 5. BADI BODEMMA ALIAS KALAVARAMMA,, W/O. GURUVULU,AGED ABOUT 39 YEARS, R/O. NEAR HEBRON SCHOOL, ASHOK NAGAR. VIZIANAGARAM, VIZIANAGARAM DISTRICT. 6. KAKINADA KASI VISWESWARA RAO, , S/O. GUNNESWARA RAOAGED ABOUT 42 YEARS, R/O. 4 LINE,KOTHA AGRAHARAM, NEAR SUJATHA COLLEGE,VIZIANAGARAM, VIZIANAGARAM DISTRICT. 7. BUSARI RAMBABU, , S/O. KANCHEYYA,AGED ABOUT 33 YEARS, R/O. SC COLONY,KELLA VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. 8. BADI ERRAMMA, W/O. RAMU,AGED ABOUT 45 YEARS, R/O. NEAR HEBRON SCHOOL,ASHOK NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 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: 5435/2026 DEEPU,, S/O. ASTHIK,AGED ABOUT 43 YEARS, OCC PASTOR OF PENIEL CHURCHR/O. VENUGOPALAPURAM VILLAGE,VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. MOHIT DHANALAXMI,, W/O. DEEPU,AGED ABOUT 37 YEARS, R/O. VENUGOPALAPURAM VILLAGE,VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. ARJELLA PYDAMMA,, W/O. BUSAIAH,AGED ABOUT 35 YEARS, R/O. ASHOK NAGAR,VIZIANAGARAM, VIZIANAGARAM DISTRICT VANKARA APPAYYAMMA, , W/O. CHINNAYYA,AGED ABOUT 40 YEARS. R/O. NEAR HEBRON SCHOOL,ASHOK NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. BADI BODEMMA ALIAS KALAVARAMMA,, W/O. GURUVULU,AGED ABOUT 39 YEARS, R/O. NEAR HEBRON SCHOOL, ASHOK NAGAR. VIZIANAGARAM, VIZIANAGARAM DISTRICT. ADA KASI VISWESWARA RAO, , S/O. GUNNESWARA RAOAGED ABOUT 42 YEARS, R/O. 4 LINE,KOTHA AGRAHARAM, NEAR SUJATHA COLLEGE,VIZIANAGARAM, VIZIANAGARAM BUSARI RAMBABU, , S/O. KANCHEYYA,AGED ABOUT 33 YEARS, R/O. SC COLONY,KELLA VILLAGE, GURLA MANDAL, VIZIANAGARAM DISTRICT. BADI ERRAMMA, W/O. RAMU,AGED ABOUT 45 YEARS, R/O. NEAR HEBRON SCHOOL,ASHOK NAGAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM DEEPU,, S/O. ASTHIK,AGED ABOUT 43 YEARS, OCC PASTOR OF PENIEL CHURCHR/O. VENUGOPALAPURAM VILLAGE,VIZIANAGARAM MANDAL, VIZIANAGARAM DISTRICT. W/O. DEEPU,AGED ABOUT 37 YEARS, R/O. VENUGOPALAPURAM VILLAGE,VIZIANAGARAM MANDAL, ARJELLA PYDAMMA,, W/O. BUSAIAH,AGED ABOUT 35 YEARS, R/O. ASHOK NAGAR,VIZIANAGARAM, VIZIANAGARAM DISTRICT A,AGED ABOUT 40 YEARS. R/O. NEAR HEBRON SCHOOL,ASHOK NAGAR, BADI BODEMMA ALIAS KALAVARAMMA,, W/O. GURUVULU,AGED ABOUT 39 YEARS, R/O. NEAR HEBRON SCHOOL, ASHOK NAGAR. ADA KASI VISWESWARA RAO, , S/O. GUNNESWARA RAOAGED ABOUT 42 YEARS, R/O. 4 LINE,KOTHA AGRAHARAM, NEAR SUJATHA COLLEGE,VIZIANAGARAM, VIZIANAGARAM BUSARI RAMBABU, , S/O. KANCHEYYA,AGED ABOUT 33 YEARS, R/O. SC COLONY,KELLA VILLAGE, GURLA MANDAL, BADI ERRAMMA, W/O. RAMU,AGED ABOUT 45 YEARS, R/O. NEAR HEBRON SCHOOL,ASHOK NAGAR, VIZIANAGARAM, 2 MRK,J Crl.P.No.5435 of 2026 9. KAARI GURUVULU ALIAS GURAPPAS, , S/O. LATE GURUVULU,AGED ABOUT 43 YEARS, R/O. Y.S.R. NAGAR,KONDAVELAGADA ROAD, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 10. BORA RAJU, , S/O. SRINIVASA RAO,AGED ABOUT 40 YEARS, R/O. DIET COLONY,VENUGDPATAPUTARN, NEITIMARTA MANDAL, VIZIANAGARAM DISTRIEL 11. TALASETTI SUREEDU, , W/O. SADHU RAO,AGED ABOUT 55 YEARS, R/O. DIET COLONY,VENUGOPALAPURAM, NELLIMARLA MANDAL, VIZIANAGARAM DISTRICT. 12. GODABANDI MANI, W/O. ASHOK,AGED ABOUT 32 YEARS, R/O. ASHOK NAGAR,VIZIANAGARAM, VIZIANAGARAM DISTRICT. 13. KATA RAMESH, S/O. GAVARAYYA,AGED ABOUT 33 YEARS, R/O. DIET COLONY,VENUGOPALAPURAM, NELLIMARLA MANDAL /NEAR NAGAVALI RIVER, SC STREET, DUGGI VILLAGE,KOMARADA MANDAL, PARVATHIPURAM MANYAM DISTRICT. 14. BADI PARVATHI, W/O. YELLA RAO,AGED ABOUT 51 YEARS, R/O. ASHOK NAGAR,VIZIANAGARAM, VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ,THROUGH S.H.O. VIZIANAGARAM RURAL POLICE STATION,VIZIANAGARAM DISTRICT,RED TIV PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATR 2. CHINTADA RAJESH, , S/O. LAKSHMITULASI,AGED 41 YEARS, R/O. DIET COLONY,VENUGOPALAPURAM, VIZIANAGARAM 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 in CC No. 1836 of 2023 on the file of the Hon’ble Addl. Judicial First Class Magistrate, Vizianagaram, against the Petitioners/Accused Nos. 1 to 14 in the interest of justice 3 MRK,J Crl.P.No.5435 of 2026 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 Certified copy of in CC No. 1836 of 2023 on the file of the Hon’ble Addl. Judicial First Class Magistrate, Vizianagaram 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 grant stay of all further proceedings in pursuance of CC No. 1836 of 2023 on the file of the Hon’ble Addl. Judicial First Class Magistrate, Vizianagaram, including appearance of the Petitioners/Accused Nos.1 to 14 in the interest of justice Counsel for the Petitioner/accused(S): 1. UDAY KUMAR VAMPUGADAVALA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 4 MRK,J Crl.P.No.5435 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 A14), seeking to quash the charge sheet in C.C.No.1836 of 2023 on the file of the Additional Judicial First Class Magistrate, Vizianagaram, wherein they were charged with the offences punishable under Sections 448, 427, 506(2) & 143 of the Indian Penal Code, 1860. 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 of petitioners Nos.2 to 14 (A2 to A14) before the trial Court and not pressed against petitioner No.1 who is accused No.1. 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 5 MRK,J Crl.P.No.5435 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 Nos.2 to 14 (A2 to A14) alone before the Additional Judicial First Class Magistrate, Vizianagaram, in C.C.No.1836 of 2023 is hereby dispensed with, except on those dates when the learned Magistrate feels that their presence is necessary. Insofar as petitioner No.1 (A1) is concerned, criminal petition is dismissed as withdrawn. 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