1 APHC010381552026 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: 6197/2026 Between: 1. SHAIK MOHAMMAD ESDANI, S/O SHAIK MAHABOOB BASHA, AGED ABOUT 57 YEARS, R/O. DO.NO. 37-1-159/46ISLAM PET, 2 LANE, GORANTLA MULTIPLEX, ONGOLE, PRAKASAM DISTRICT - 523001 2. SHAIK GOUSAI BEGUM, ,W/O SHAIK MOHAMMAD ESDANI,AGED ABOUT 56 YEARS,R/O. DO.NO. 37-1- 159/46ISLAM PET, 2 LANE,GORANTLA MULTIPLEX,ONGOLE, PRAKASAM DISTRICT - 523001 3. SHAIK MOHAMMAD IMRAN, S/O SHAIK MOHAMMAD ESDANI,AGED ABOUT 29 YEARS,R/O. DO.NO. 37-1- 159/46ISLAM PET, 2 LANE,GORANTLA MULTIPLEX,ONGOLE, PRAKASAM DISTRICT - 523001 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI - 522239 2. SHAIK ARSHIYA, D/O HUSSAIN SAHEB,AGED ABOUT 28 YEARS,R/O FLAT 404, HOUSING BOARD COLONYEXTENSION, GUNTUR RURAL MANDALGUNTUR, GUNTUR DISTRICT - 522004 ...RESPONDENT/COMPLAINANT(S): 2 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 against the Petitioners/Accused Nos.2 to 4 in C.C. No.7554 of 2025, arising out of Crime No.665 of 2024, on the file of the Hon'ble Special Judicial Magistrate of First Class for Mobile Court, Guntur, 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 to grant stay of all further proceedings in C.C. No. 7554 of 2025 on the file of the Hon'ble Special Judicial Magistrate of First Class for Mobile Court, Guntur, against the Petitioners/Accused No. 2 to 4 herein, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. K V ADITYA CHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6197 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 (A2 to A4), seeking to quash the charge sheet in C.C.No.7554 of 2025 on the file of Judicial First Class Magistrate-cum- Special Mobile Court, Guntur, wherein they were charged with the offences punishable under Sections 85, 351(2) BNS 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 (A2 to A4) before the Judicial First Class Magistrate-cum-Special Mobile Court, Guntur, in C.C.No.7554 of 2025 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 76 CRIMINAL PETITION NO: 6197/2026 Dt: 24.07.2026 krk