APHC010382592026 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: 6215/2026 Between: 1. JAKKALA BALA KRISHNA, S/O DURGA PRASAD, AGED ABOUT 44 YEARS. CASTE GOWDA, R/O D.NO.5-255, MUTHYALAMMA TEMPLE STREET, SRIKALAHASTI TOWNAND MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. 2. JAKKALA MALLESWARI, W/O DURGA PRASAD, AGED ABOUT61 YEARS. CASTE GOWDA, R/O D.NO.5- 256,MUTHYALAMMA TEMPLE STREET, SRIKALAHASTI TOWNAND MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. 3. JAKKALA DURGA PRASAD, AGED ABOUT 71 YEARS.CASTE GOWDA, R/O D.NO.5-256, MUTHYALAMMATEMPLE STREET, SRIKALAHASTI TOWN AND MANDAL,TIRUPATI DISTRICT, ANDHRA PRADESH. 4. JAKKALA UDAYA BHASKAR, S/O DURGA PRASAD, AGEDABOUT 45 YEARS. CASTE GOWDA, R/O D.NO.5- 256,MUTHYALAMMA TEMPLE STREET, SRIKALAHASTI TOWNAND MANDAL, TIRUPATI DISTRICT, ANDHRA PRADESH. 5. D JAYALAKSHMI, W/O DINESH, AGED ABOUT 40 YEARSCASTE GOWDA, R/O D.NO.1-1884, GNT ROAD,PADDIANALLUR,RED HILLS POST,TIRUVALLUR DISTRICT,TAMIL NADU STATE. 2 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY S.H.O.,WOMEN POLICE STATION, NELLORE, SPSR NELLORE DISTRICT, PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI 2. KONETI MOUNIKA, W/O JAKKALA BALA KRISHNA,AGED ABOUT 30 YEARS. CASTE GOWDA,R/O KONETI KAYYALU, KOVUR VILLAGE AND MANDAL SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...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 Court pleased to call for the records relating to the charge sheet in C.C.No.3771/2025 on the file of the Hon'ble Judicial Magistrate of First Class, Special Mobile Court, Nellore, and quash the proceedings thereon and to grant 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 the appearance of the petitioners in C.C.No.3771/2025 on the file of the Hon'ble Judicial Magistrate of First Class, Special Mobile Court, Nellore,, pending disposal of the Criminal Petition Counsel for the Petitioner/accused(S): 1. K MOHAN RAMI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6215/2026 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.3771 of 2025 on the file of Judicial Magistrate of First Class Special Mobile Court, Nellore, wherein they were charged with the offences punishable under Sections 85 of 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. 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, the presence of petitioners herein (A1 to A5) before the Judicial Magistrate of First Class Special Mobile Court, Nellore, in C.C.No.3771 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 68 CRIMINAL PETITION NO: 6215/2026 Dt: 24.07.2026 krk