APHC010384932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6263 OF 2026 Between: 1. Bezawada Purna Chandra Rao, S/o. Govindhaiah, aged about 60 years, R/o.Pothavaram Village, NG Padu Mandal, Prakasam District. 2. Bezawada Chandra Bose, S/o.Purna Chandra Rao, aged about 40 years,R/o.F.No.503, Swathi Residency, Nirmal Nagar,3rd Lane, Ongole, Prakasam District. 3. Bezawada Vijaya Lakshmi, W/o. Purna Chandra Rao, aged about 57 years,R/o.Pothavaram Village, NG Padu Mandal,Prakasam District. 4. Bezawada Chakravarthi, S/o. Purna Chandra Rao, aged about 39 yearsR/o.3rd Lane, Kammapalem,Ongole, Prakasam District. 5. Bezawada Bharadwaj, S/o. Purna Chandra Rao, aged about 37 years,R/o.203, Swathi Residency, Nirmal Nagar,3rd Lane, Ongole, Prakasam District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor For the State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravathi. 2 2. Kota Hari Babu, S/o.Tirupathaiah,Aged about 61 years, R/o.Ommivaram Village,NG Padu Mandal, Prakasam District. ...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 in CC No.369/2023 on the file of Judicial First Class Magistrate cum Special Mobile Court, Ongole 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 dispense with the filing of the certified copy of the charge sheet in CC No.369/2023 on the file of Judicial First Class Magistrate cum Special Mobile Court, Ongole, 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 including appearance in CC No.369/2023 on the file of Judicial First Class Magistrate cum Special Mobile Court, Ongole, pending disposal of the petition Counsel for the Petitioners: C SUBODH Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6263 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 A5), seeking to quash the charge sheet in C.C.No.369 of 2023 on the file of the learned Judicial First Class Magistrate-cum-Special Mobile Court, Ongole, for the offences punishable under Sections 420 and 406 read with 34 of the Indian Penal Code, 1860. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent- 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 A5) before the learned Judicial First Class Magistrate-cum- Special Mobile Court, Ongole, in C.C.No.369 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. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 28.07.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6263 of 2026 Date: 28.07.2026 PSA