1 APHC010323392026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 28th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5190/2026 Between: 1. PASUPULETI NAGESWARA RAO, S/O. CHINA YESHAIAH, AGED ABOUT53 YEARS, D.NO. 19-651/2, SRINIVASA COLONY, PIDUGURALLA,GUNTUR DISTRICT, A.P. - 522413. 2. PERLA RAHELU, W/O. LATE NAGESWARARAO, AGED ABOUT 49 YEARS,D.NO. 19-657/4, SRINIVASA COLONY, PIDUGURALLA, GUNTURDISTRICT, A.P. - 522413. 3. KOLUKULAPALLI ROJA, W/O. DHANARAJU, 30 YEARS, R/O.JAGAJEEVANARAO COLONY, ,PIDUGURALLA TOWN. 4. PERLA RANI, I D/O. NAGESWARARAO, AGED ABOUT 28 YEARS, H.NO.L5-261, CHRISTIAN PALEM, PIDUGURALLA, GUNTUR DISTRICT, A.P. -522413. 5. BALUGURIDANAMMA, W/O. KASHAIAH, AGED ABOUT 31 YEARS, R/O.3858, JAGAJIVANA RAO COLONY, JANAPADU, PIDUGURALLA,PALNADU DISTRICT, A.P. - 522413. 6. PERLAMARIYA BABU, S/O. NAGESWARARAO, AGED ABOUT 39 YEARS,D.NO. 10-90, SC COLONY, THUMMALACHERUVU, PIDUGURALLAMANDAL, GUNTUR DISTRICT, A.P. - 522437. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI, GUNTUR DISTRICT. 2 2. PATRA MALLESWARI, W/O. NAGESWARA RAO, AGED 35 YEARS, R/O.JAGAJEEVAN RAO COLONY, PIDUGURALLA TOWN, GUNTUR DISTRICT. ...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 in SC No. 370 of 2024, on the file of the Hon'ble Senior Civil Court, Gurazala, arising out of Crime No. 85 of dated 05.03.2022 of Piduguralla Town Police Station,2022 registered for the alleged offences punishable under Sections 307, 506 and 509 read with 34 of the Indian Penal Code, insofar as the Petitioners herein are concerned, as the continuation of the said proceedings would amount to abuse of process of law and result in grave miscarriage of justice 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 filing of the original certified copy of Charge Sheet filed in SC No. 370 of 2024, on the file of the Honourable Senior Civil Court, Gurazala, before this Honble Court 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 the proceedings in SC No. 370 of 2024, on the file of the Hon'ble Senior Civil Court, Gurazala, arising out of Crime No. 85 of 2022 dated 05.03.2022 of Piduguralla Town Police Station, registered for the alleged offences punishable under Sections 307, 506 and 509 read with 34 of the Indian Penal Code pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. JADA SRAVAN KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5190 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 and A7), seeking to quash the proceedings in S.C.No.370 of 2024 on the file of Senior Civil Judge Court, Gurazala, wherein they were charged with the offences punishable under Section 307, 506 and 509 read with 34 of IPC. 2. Heard Sri G. John Deva Sundar, learned counsel representing Sri Jada Sravan Kumar, 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 and A7) before the Senior Civil Judge Court, Gurazala, in S.C.No.370 of 2024 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: 28.07.2026 krk 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 54 CRIMINAL PETITION NO: 5190 of 2026 Dt: 28.07.2026 krk