APHC010377082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 23rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6162 OF 2026 Between: 1. Tanniru Rajya Lakshmi, W/o Samba Siva Rao, Aged about 42 years, occu Housewife, D No 26-39-120/34, AT Agraharam,Sriram Nagar 3rd line, Guntur Town, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of andhra pradesh at Amaravathi. 2. Kalchuri Srinivasulu, S/o Chinna Kasaiah aged about 32 yearsR/o Ramaya Palem Village, Pedaraveedu Mandal Markapur Erstewhiie Prakahsam District- 523331 ...Respondents 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 proceedings against the petitioner i.e A2 in CC No 703 of 2023 on the file of the Hon’ble court of 2 Addi..Judicial First Class Magistrate, Markapur (Erstwhile Prakasham) District and to 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 Including appearance of the petitioner/ accused A2 before Hon’ble court of addl., judicial first class Magistrate, Markapur in CC No 703 of 2023 and to pass Counsel for the Petitioner: SHAIK SARDAM HUSSAIN Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6162 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 petitioner herein (A2), seeking to quash the charge sheet in C.C.No.703 of 2023 on the file of the Additional Judicial First Class Magistrate, Markapur, for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent- State. 3. Learned counsel for the petitioner after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner herein before the trial Court. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioner 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 petitioner 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 petitioner herein (A2) before the learned Additional Judicial First Class Magistrate, Markapur, in C.C.No.703 of 2023 is dispensed with, except on those dates when the learned Judge feels that her 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. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 23.07.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6162 of 2026 Date: 23.07.2026 PSA