1 APHC010275182026 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: 4382/2026 Between: 1. SANGANA GOPAL REDDY, ,S/O. SANGANA KONDA REDDY, AGED ABOUT 40 YEARSBUSINESS, R/O.D.NO27-7-473, UPSTAIRS,NEAR RATNAM SCHOOL, OPPTO SACHIVALAYAM,A.C.NAGAR, NELLORE, SPSR NELLORE DISTRICT. 2. SRI SIVA DEVELOPERS, , REP. BY ITS PARTNER,SANGANA GOPAL REDDY, S/O SANGANA KONDA REDDY,AGED ABOUT 40 YEARS, R/O.D.NO.27-7-473,UPSTAIRS,NEAR RATHNAM SCHOOL, OPPTO SACHIVALAYAM,A.C.NAGAR, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PUBLIC PROSECUTOR.HIGH COURT OF A.P. AT AMARAVATI. 2. BEEMA SUDHAKAR REDDY, , COMPLAINANTS/O LATE VENKATA SUBBA REDDY, AGED ABOUT 67 YEARSRETIRED EMPLOYEE, R/O D.NO.26-3-1394,RITHWIK ENCLAVE, A.K NAGAR, NELLORE,SPSR NELLORE DISTRICT - 524004. ...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 Courtmay be pleased to quash 2 the entire proceedings against the Petitioners in S.T.C No. 198 / 2025 on the file of the Court of II Additional Judicial Magistrate of First Class Nellore, SPSR Nellore District, being in abuse of process of law and Court and pass such 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 may be pleased to Dispense with the filing of the certified copy of S.T.C No. 198 / 2025 on the file of the Court of II Additional Judicial Magistrate of First Class: Nellore, SPSR Nellore District, and pass any such 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 may be pleased to stay all further proceedings in S.T.C No. 198 / 2025 on the file of the Court of II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District, and pass such Counsel for the Petitioner/accused(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. C SUBODH 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4382 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 and A2), seeking to quash the proceedings in S.T.C.No.198 of 2025 on the file of II Additional Judicial Magistrate of First Class, Nellore, wherein they were charged with the offences punishable under Section 138 of Negotiable Instruments Act, 1881. 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 (A1 and A2) before the II Additional Judicial Magistrate of First Class, Nellore, 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 67 CRIMINAL PETITION NO: 4382 of 2026 Dt: 28.07.2026 krk