1 APHC010382002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6222/2026 Between: 1. YADALA PHANINDRA KUMAR, S/O. YADALA MURALI KRISHNA, AGED 35 YEARS, OCC PVT.EMPLOYEE, R/O. D.NOS. 1 TO 3-53, NEAR MARKET YARD, AGIRIPALLI VILLAGE AND MANDAL, ELURU DISTRICT, ANDHRA PRADESH - 521 211 2. YADALA MURALI KRISHNA, S/O.VENKATA NARAYANA,AGED 61 YEARS, OCC LORRY DRIVER,R/O.D.NOS.L TO 3-53, NEAR MARKET YARD,AGIRIPALLI VILLAGE AND MANDAL,ELURU DISTRICT, ANDHRA PRADESH - 521 211 3. YADALA NAGAMANI, W/O. MURALI KRISHNA,AGED 55 YEARS, OCC HOUSEWIFE,R/O.D.NOS.L TO 3-53, NEAR MARKET YARD,AGIRIPALLI VILLAGE AND MANDAL,ELURU DISTRICT, ANDHRA PRADESH - 521 211 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH P.S. PENAMALURU UPS, KRISHNA DISTRICT,REP. BY PUBLIC PROSECUTOR,HIGH COURT FOR THE STATE OF ANDHRA PRADESH,HIGH COURT BUILDINGS, NELAPADU,GUNTUR, ANDHRA PRADESH STATE. 2. YADALA GNANA PRASUNAMBA, W/O. PHANINDRA KUMAR, D/O.BOINA CHANDRA MOULI,AGED 27 YEARS, OCC HOUSEWIFE,R/O.D.NO.9-360, SRI SAI RESIDENCY,CHOWDESWARI COLONY, 2 YANAMALAKUDURU,VIJAYAWADA, KRISHNA DISTRICT - 520 007. ...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 proceedings against the Petitioners/ Accused Nos. 1 to 3 in CC.No.5957 of 2023 on the file of the Hon’ble II Additional Chief Metropolitan Magistrate at Vijayawada, Krishna District 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 pleased to dispense with the filing of certified copies of charge sheet, 161 statements in CC.No.5957 of 2023 on the file of the HonT)le II Additional Chief Metropolitan Magistrate at Vijayawada, Krishna District, complaint and FIR in Crime No.642 of 2023 of P.S. Penamaluru UPS, Krishna District dated 25.08.2023 and pass 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 stay all further proceedings against the Petitioners/Accused Nos.l to 3 in CC.No.5957 of 2023 on the file of the Hon’ble II Additional Chief Metropolitan Magistrate at Vijayawada, Krishna District, pending disposal of the same and pass Counsel for the Petitioner/accused(S): 1. NAGESHWAR RAO PUJARI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6222 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 to A3), seeking to quash the charge sheet in C.C.No.5957 of 2023 on the file of II Additional Chief Metropolitan Magistrate at Vijayawada, wherein they were charged with the offences punishable under Section 498(A) IPC and and Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard Ms. N. Geetha, learned counsel appeared virtually through online on behalf of Sri Nageswar Rao Pujari, 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 A3) before the II Additional Chief Metropolitan Magistrate at Vijayawada, in C.C.No.5957 of 2023 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: 27.07.2026 krk 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 76 CRIMINAL PETITION NO: 6222/2026 Dt: 27.07.2026 krk