1 APHC010259592026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 14th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4332/2026 Between: 1. MALLEMPUTI PRATAP KUMAR, S/O LATE M.V.NAIDU, PREVIOUSLY SOFTWARE EMPLOYEE, AGED 50 YEARS, R/O. D.NO.6/490, R.S.ROAD, 0PP. 12TH PILLAR, NEAR KRISHNA NAGAR, RAJAMPET, ANNAMAIAH DISTRICT, ANDHRA PRADESH -516115. 2. .MALLEMPUTI RAMALAKSHMAMMA,, W/O LATE M.V.NAIDU, HOUSE MAKER, AGED 75 YEARS, R/O. D.NO.6/490, R.S.ROAD, OPP. 12TH PILLAR, NEAR KRISHNA NAGAR, RAJAMPET, ANNAMAIAH DISTRICT, ANDHRA PRADESH -516115. 3. MALLEMPUTI BALAJI,, S/O LATE M.V.NAIDU, PRIVATE EMPLOYEE, AGED 58 YEARS, R/O. D.NO.6/490, R.S.ROAD, OPP. 12TH PILLAR, NEAR KRISHNA NAGAR, RAJAMPET, ANNAMAIAH DISTRICT, ANDHRA PRADESH -516115. 4. MALLEMPUTI KRANTHI,, W/O MALLEMPUTI BALAJI, HOUSE MAKER, AGED 53 YEARS, R/O. D.NO.6/490, R.S.ROAD, OPP. 12TH PILLAR, NEAR KRISHNA NAGAR, RAJAMPET, ANNAMAIAH DISTRICT, ANDHRA PRADESH -516115. 5. D. YASODAMMA,, W/O D.SURYANARAYANA, MAID WORKING AT KUWAIT, AGED 54 YEARS, R/O. D.NO.6/490, R.S.ROAD, OPP. 12THPILLAR, NEAR KIRISHNA NAGAR, RAJAMPET, ANNAMAIAH DISTRICT, ANDHRA PRADESH -516115. ...PETITIONER/ACCUSED(S) 2 AND 1. THE STATE OF ANDHRA PRADESH, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravathi, Andhra Pradesh - 522237. Respondent - 1 ...RESPONDENT/COMPLAINANT 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 grant stay of all further proceedings in DVC No. 1/2026, pending on the file of the Court of Junior Civil Judge Court, Rajampet for the alleged offences U/sec. 12 of the protection of Women from Domestic Violence Act, 2005 on the complaint dated 04.11.2025 by the 2ND respondent forwarded by District Women and Child Welfare and Empowerment Officer and Protection Officer, (District Women and Child Development Agency) Annamayya District dated 01.12.2025 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 eased to grant stay of all further proceedings in DVC No. 1/2026, pending on the file of the Court of Junior Civil Judge Court, Rajampet for the alleged offences U/sec. 12 of the protection of Women from Domestic Violence Act, 2005 on the complaint dated 04.11.2025 by the 2"^ respondent forwarded by District Women and Child Welfare and Empowerment Officer and Protection Officer, (District Women and Child Development Agency) Annamayya District dated 01.12.2025 and pass s Counsel for the Petitioner/accused(S): 1. D KISHORE KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4332 of 2026 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in DVC No.1 of 2026 on the file of the Junior Civil Judge Court, Rajampet, for the offence punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent-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 Nos.2 to 5 (A2 to A5) 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 4 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 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 5 (A2 to A5) alone before the Junior Civil Judge Court, Rajampet, in DVC No.1 of 2026 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. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 14.07.2026 RMR 5 159 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4332 of 2026 14.07.2026 W RMR