1 APHC010381402026 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: 6219/2026 Between: 1. BOLLAPALLI RAJESH, S/O BOLLAPALLI ANJANI KUMAR AGE 29 CASTE RAJAKA , FF-1VENKATA SAI DURGA RESIDENCY PARTY OFFICE ROAD GOLLAPUDI VIJAYAWADA NTR DISTRICT CELL 8523822590 2. BOLLAPALLI ANJANI KUMAR, S/O RAMA RAOAGE 62 CASTE BRAHMIN R/O , FF-1VENKATA SAI DURGA RESIDENCYI PARTY OFFICE ROAD GOLLAPUDI VIJAYAWADANTR DISTRICT CELL 9391186960 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR HIGH COURT OF A.P., AT AMARAVATHI. 2. KALLAMSAI NAGENDRA REDDY, S/O VENKATA REDDYAGE 30 YEARS CASTE REDDY D NO 26-2-13 MAJETIVARI STREETGANDHI NAGAR VIJAYAWADA ...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 accused No.6 and 7 in CC No. 979/2025 For the Offence punishable under section U/s 420,r/w 34 IPC of Satyanarayana Puram Police Station Vijayawada pending on the file of III ADDL JUDICIAL MAGISTRATE AT VIJAYAWADA 2 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 from the filing of certified copy of the charge sheet C C No 979/2025 For the Offence punishable under section U/s 420 r/w 34 IPC of Satyanarayana Puram Police Station Vijayawada pending on the file of III ADDL JUDICIAL MAGISTRATE AT VIJAYAWADA 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 proceedings in C C No 979/2025 For the Offence punishable under section U/s 420 r/w 34 IPC of Satyanarayana Puram Police Station Vijayawada pending on the file of III ADDL JUDICIAL MAGISTRATE AT VIJAYAWADA Pending disposal of the Criminal Petition, Counsel for the Petitioner/accused(S): 1. U V SURESH KUMAR 2. UV SURESH KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6219 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 (A6 and A7), seeking to quash the charge sheet in C.C.No.979 of 2025 on the file of III Additional Judicial Magistrate at Vijayawada, wherein they were charged with the offences punishable under Section 420, read with 34 IPC. 2. Heard 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. 5. Since there are specific accusations that have been made as against the petitioners herein, which are all disputed questions of fact, 4 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 (A6 and A7) before the III Additional Judicial Magistrate at Vijayawada, in C.C.No.979 of 2025 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 51 CRIMINAL PETITION NO: 6219 of 2026 Dt: 28.07.2026 krk