1 APHC010381432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6205/2026 Between: 1. RACHAKONDA CHENCHU KRISHNA, S/O. VENKATA SUBBAIAH, AGED ABOUT 45 YEARS, OCC SCHOOL ASSISTANT, R/O. D.NO. 20-2-497/2, MARUTHI NAGAR, KORLAKUNATA, TIRUPATI, TIRUPATI DISTRICT, PIN 517501. 2. RACHAKONDA LAKSHMI, W/O. VENKATA SUBBAIAH,AGED ABOUT 65 YEARS, OCC HOUSE WIFE,R/O. D.NO. 20-2-497/2, MARUTHI NAGAR,KORLAKUNATA, TIRUPATI, TIRUPATI DISTRICT,PIN 517501. 3. RACHAKONDA SWARNA, D/O. VENKATA SUBBAIAH,AGED ABOUT 42 YEARS, R/O. D.NO. 20-2-497/2,MARUTHI NAGAR, KORLAKUNATA, TIRUPATI,TIRUPATI DISTRICT, PIN 517501. 4. RACHAKONDA ARUNA, D/O. VENKATA SUBBAIAH,AGED ABOUT 40 YEARS, R/O. D.NO. 20-2-497/2,MARUTHI NAGAR, KORLAKUNATA, TIRUPATI,TIRUPATI DISTRICT, PIN 517501. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. GATTUPALLI MADHAVI, W/O, R.CHENCHU KRISHNA,AGED ABOUT 39 YEARS, R/O. D.NO. 3/44,EGUVAPETA, SIDDAVATAM VILLAGE AND MANDAL,YSR KADAPA 2 DISTRICT,PIN 516 237. ...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 Courtpleased to quash the entire proceedings in C.C. No. 45 of 2020 on the file of the Court of Learned Judicial Magistrate of First Class, Sidhout, YSR Kadapa 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 pleased to dispense with the filing of certified copy of charge sheet C.C. No. 45 of 2020 on the file of the Court of Learned Judicial Magistrate of First Class, Sidhout, YSR Kadapa District and receive the same in main Criminal Petition on file, in the Interests 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 pleased to grant stay of all further proceedings including the appearance of the petitioners in C.C. No. 45 of 2020 on the file of the Court of Learned Judicial Magistrate of First Class, Sidhout, YSR Kadapa District, in the interest of justice in pending disposal of the main Criminal Petition Counsel for the Petitioner/accused(S): 1. MUCHAKAYALA NARAYANA Counsel for the Respondent/complainant(S): 1. MUCHAKAYALA NARAYANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6205 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, A2, A4 and A5), seeking to quash the charge sheet in C.C.No.45 2020 on the file of Judicial Magistrate of First Class, Sidhout, YSR Kadapa District, wherein they were charged with the offences punishable under Sections 498(A) and Sections 3 and 4 of 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, 4 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 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, the presence of petitioners herein (A1, A2, A4 and A5) before the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District, in C.C.No.45 of 2020 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: 24.07.2026 krk 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 69 CRIMINAL PETITION NO: 6205/2026 Dt: 24.07.2026 krk