APHC010367112026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 17 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5920/2026 Between: 1. KANTIMAHANTHI MADAN KUMAR, S/O. RAJARAO,AGED ABOUT 51 YEARS, OCC BUSSINESS,R/O. D.NO. 58 ROAD,NAD, VISAKHAPATNAM CITY AND DISTRICT. 2. KANTIMAHANTHI VANITHA RANI, , YEARS, OCC BUSINESS,R/O. D.NO. 58 ROAD,NAD, VISAKHAPATNAM CITY AND DISTRICT. 1. THE STATE OF ANDHRA PRADESH, ,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. 2. KANTIMAHANTHI LAVANYA, , W/O. SURESH KUMAR,AGED ABOUT 42 YEARS, OCC PVT EMPLOYEE,R/O. D.NO. 1 PALEM,VISAKHAPATNAM CITY AND DISTRICT. Petition under Section 437/438/439/482 of Cr.P.C and 528 of praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court 2021 on the file of the Hon'ble I Additional Chief Metropolition Magistrate Court, at Visakhapatnam a 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: 5920/2026 KANTIMAHANTHI MADAN KUMAR, S/O. RAJARAO,AGED ABOUT 51 YEARS, OCC BUSSINESS,R/O. D.NO. 58-9-94/3, NEW KARASA, NAD ROAD,NAD, VISAKHAPATNAM CITY AND DISTRICT. KANTIMAHANTHI VANITHA RANI, , W/O MADAN KUMAR,AGE 46 YEARS, OCC BUSINESS,R/O. D.NO. 58-9-94/3, NEW KARASA, NAD ROAD,NAD, VISAKHAPATNAM CITY AND DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, ,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AT KANTIMAHANTHI LAVANYA, , W/O. SURESH KUMAR,AGED ABOUT 42 YEARS, OCC PVT EMPLOYEE,R/O. D.NO. 1-3-29, AKKIREDDY PALEM,VISAKHAPATNAM CITY AND DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court to quash the proceeding in CC No. 3756 of 2021 on the file of the Hon'ble I Additional Chief Metropolition Magistrate Court, at Visakhapatnam against the petitioners and pass IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM KANTIMAHANTHI MADAN KUMAR, S/O. RAJARAO,AGED ABOUT 51 94/3, NEW KARASA, NAD W/O MADAN KUMAR,AGE 46 94/3, NEW KARASA, NAD ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, ,REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AT KANTIMAHANTHI LAVANYA, , W/O. SURESH KUMAR,AGED ABOUT 29, AKKIREDDY ...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 to quash the proceeding in CC No. 3756 of 2021 on the file of the Hon'ble I Additional Chief Metropolition Magistrate 2 MRK,J Crl.P.No.5920 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 stay all further proceedings including the appearance of the petitioners in connection with C.C. No. 3756 of 2021 on the file of the Hon'ble I Additional Chief Metropolition Magistrate Court, at Visakhaptnam Counsel for the Petitioner/accused(S): 1. VANI KANDARPA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.5920 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 (A3 & A4), seeking to quash the charge sheet in C.C.No.3756 of 2021 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. 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.5920 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 (A3 & A4) before the I Additional Chief Metropolitan Magistrate, Visakhapatnam, in C.C.No.3756 of 2021 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