1 APHC010312552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5016/2026 Between: 1. LANKADASU DURGA VARA PRASAD, S/O. SATYANARAYANA,AGED ABOUT 35 YEARS, MALE,R/O. LANKADASU STREET, VADAPALLI VILLAGE,KOVVUR MANDAL, WEST GODAVARI DISTRICT - 534302 2. LANKADASU SARADA RATHNAM ALIAS LAKSHMI, W/O. SATYANARAYANA,AGED ABOUT 50 YEARS. FEMALE,R/O. LANKADASU STREET, VADAPALLI VILLAGE,KOVVUR MANDAL, WEST GODAVARI DISTRICT - 534302 3. LANKADASU SATYANARAYANA, S/O. VENKATARATNAM,AGED ABOUT 57 YEARS, MALE,R/O. LANKADASU STREET, VADAPALLI VILLAGE,KOVVUR MANDAL, WEST GODAVARI DISTRICT - 534302 4. MADDIMSETTY NAGAMANI, W/O. SIVA RAMA KRISHNA,AGED ABOUT 31 YEARS. FEMALE,R/O. NADUMPALLI KARANAM GARI STREET,NADUPALLI KANURU VILLAGE, PERAVALI MANDAL,WEST GODAVARI DISTRICT - 534329 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BYITS PUBLILC PROSECUTOR,FLIGH COURT OF A.P., 2 AMARAVATHI - 522239 2. LANKADASU KALPANA, W/O. DURGA VARA PRASAD,AGED ABOUT 35 YEARS, FEMALE,R/O. D.NO.3-175/2, NEAR HP GAS OFFICE,DHURJATI NAGAR, EAST GUDUR, GUDUR TOWNNELLORE DISTRICT - 534101 ...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 Courtmay be pleased to quash the entire proceedings in C.C.No.1069 of 2022 on the file of Honorable Additional Judicial 1st Class Magistrate, Gudur and pass such 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 may be pleased to grant stay of all further proceedings including appearance of the petitioners/Accused No.1 to 4 in C.C.No.1069 of 2022 on the file of Honorable Additional Judicial 1st Class Magistrate, Gudur pending disposal of the main petition, and pass such Counsel for the Petitioner/accused(S): 1. MALLAVELLI NAGA SAI LALITH KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5016/2026 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.1069 of 2022 on the file of Additional Judicial 1st Class Magistrate, Gudur, wherein they were charged with the offences punishable under Sections 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. 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. 4 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 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 Additional Judicial 1st Class Magistrate, Gudur, in C.C.No.1069 of 2022 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: 23.07.2026 krk 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 56 CRIMINAL PETITION NO: 5016/2026 Dt: 23.07.2026 krk