APHC010393712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 29th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6431 OF 2026 Between: 1. Yeluduti Radha alias Balaga Radha, W/o. Suresh, aged about 45 years,Occupation Anganwadi Teacher,R/o. Salut Town, Opp KVR Town Ship,Sai Nagar Colony, PVP Manayam District,Andhra Pradesh - 535591 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravati. 2. Kilari Barathi, W/o Late Satish,Age 42 yrs, R/o Venkateswara Colony,Salur Town, PVP Manayam District,Andhra Pradesh - 535591 ...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 Court pleased to call for the records pertaining to C.C. No.209 of 2025 on the file of the learned Judicial First Class Magistrate, Salur, Vizianagaram District, arising out of Crime No. 115 of 2024 of Salur Town Police Station, registered for the offences punishable 2 under Sections 308(2) and 79 of the Bharatiya Nyaya Sanhita, 2023, and QUASH the proceedings 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 DISPENSEWITH the filing of Charge Sheet in C.C. No.209 of 2025, 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 in C.C. No.209 of 2025 on the file of the learned Judicial First Class Magistrate, Salur, Vizianagaram District, arising out of Crime No.ll5 of 2024 of Salur Town Police Station, registered for the offences punishable under Sections 308(2) and 79 of the Bharatiya Nyaya Sanhita, 2023, including dispensing with the personal appearanee of the petitioner before the trial Court, pending disposal of the above Criminal Petition, and pass Counsel for the Petitioner: ANGURU MANOHAR Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6431 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 (Accused), seeking to quash the proceedings in C.C.No.209 of 2025 on the file of the learned Judicial First Class Magistrate, Salur, Vizianagaram District for the offences punishable under Sections 308(2) and 79 of the Bharatiya Nyaya Sanhitha, 2023. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent- 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. 4 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 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 (Accused) before the learned Judicial First Class Magistrate, Salur, Vizianagaram District, in C.C.No.209 of 2025 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. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 29.07.2026 PSA 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6431 of 2026 Date: 29.07.2026 PSA