APHC010371212026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE 21 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5992/2026 Between: 1. YELLAPU NIKITHA NIRMALA, D/O DURGA PRASAD (LATE), AGED 23 YEARS,RESIDING AT D.NO.65 MULAGADA HOUSING COLONY,NEAR RTC DEPOT, GAJUWAKA, VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, THROUGH THE HOUSE OFFICER, GAJUWAKA P.S.,GAJUWAKA, VISAKHAPATNAM DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI 2. MALLA RAJA RATNAM, W/O RAMESHKUMAR, AGED 47 YEARS, RESIDING ATD.NO.65 HOUSING COLO VISAKHAPATNAM. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances state Criminal Petition, the High Court proceedings against the Petitioner/ accused no.2 in C.C. No.103/2024 pending on the file of the Hon’ble Judicial Magistrate, Gajuwaka, Visakhapatnam IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5992/2026 YELLAPU NIKITHA NIRMALA, D/O DURGA PRASAD (LATE), AGED 23 YEARS,RESIDING AT D.NO.65-6-287/36,QUARRY ROAD, MULAGADA HOUSING COLONY,NEAR RTC DEPOT, GAJUWAKA, VISAKHAPATNAM DISTRICT. ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, THROUGH THE HOUSE OFFICER, GAJUWAKA P.S.,GAJUWAKA, VISAKHAPATNAM DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI MALLA RAJA RATNAM, W/O RAMESHKUMAR, AGED 47 YEARS, RESIDING ATD.NO.65-6-287/36/1, QUARRY ROAD,MULAGADA HOUSING COLONY, NEAR RTCDEPOT, GAJUWAKA, VISAKHAPATNAM. ...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 Criminal Petition, the High Court pleased to quash the charge sheet and all he Petitioner/ accused no.2 in C.C.No.147/2024 in Crime ing on the file of the Hon’ble Learned VIII Additional Chief trate, Gajuwaka, Visakhapatnam District IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM YELLAPU NIKITHA NIRMALA, D/O DURGA PRASAD (LATE), AGED 287/36,QUARRY ROAD, MULAGADA HOUSING COLONY,NEAR RTC DEPOT, GAJUWAKA, ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, THROUGH THE STATION HOUSE OFFICER, GAJUWAKA P.S.,GAJUWAKA, VISAKHAPATNAM DISTRICT REP BY PUBLIC PROSECUTOR, HIGH COURT OF MALLA RAJA RATNAM, W/O RAMESHKUMAR, AGED 47 YEARS, 287/36/1, QUARRY ROAD,MULAGADA NY, NEAR RTCDEPOT, GAJUWAKA, ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS d in the Memorandum of Grounds of the charge sheet and all No.147/2024 in Crime Learned VIII Additional Chief 2 MRK,J Crl.P.No.5992 of 2026 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 personal appearance of the Petitioner/Accused-2 in C.C.No.147/2024 in Crime No.103/2024 pending on the file of the Hon’ble Learned VIII Additional Chief Judicial Magistrate, Gajuwaka, Visakhapatnam District 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 to Stay all further Proceedings against the Petitioner/Accused-2 in C.C.No.147/2024 in Crime No.103/2024 pending on the file of the Hon’ble Learned VIII Additional Chief Judicial Magistrate, Gajuwaka, Visakhapatnam District Counsel for the Petitioner/accused: 1. MALLAVARAPU PRADEEP KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.5992 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.147 of 2024 on the file of the VIII Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam City, wherein she was charged with the offences punishable under Sections 354, 323, 427 & 506 read with Section 34 of the Indian Penal Code, 1860. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-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. 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 4 MRK,J Crl.P.No.5992 of 2026 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 petitioner herein. However, presence of petitioner herein (A2) before the VIII Additional Chief Metropolitan Magistrate, Gajuwaka, Visakhapatnam City, in C.C.No.147 of 2024 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 petitioner is 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: 21.07.2026 MDP