APHC010388912026 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: 6408 OF 2026 Between: 1. Dasari Ravikumar, S/o PeddakondaswamiAged about 50 years,Bodagudipadu village,Dagadarthi Mandal,SPSR Nellore District. 2. Dasari Suresh, S/o Pedda Konda Swami,Aged about 52 years,Bodagudipadu village,Dagadarthi Mandal,SPSR Nellore District. 3. Dasari Madanesh, S/o Suresh,Aged about 26 years,Godagudipadu Village,Dagadarthi Mandal,SPSR Nellore District. 4. Dasari Madwin, S/o Ravi Kumar,Aged about 24 years,Godagudipadu Village,Dagadarthi Mandal,SPSR Nellore District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor,High Court of Andhra Pradesh ,At Amaravati. 2. Dasari Kondala rao, S/o Malakondaiah,Aged about 65 years,Bodagudipadu village,Dagadarthi Mandal,SPSR Nellore District. ...Respondents 2 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 quash the C.C.No.1667 of 2025 on the file of the Court of the Hon’ble Additional Judicial Magistrate of First Class, Kovur, against the petitioners/AI to A4, in the interest 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 stay of all further proceedings in C.C.No.1667 of 2025 on the file of the Court of the Hon’ble Additional Judicial Magistrate of First Class, Kovur, including the appearance of the petitioners/A1 to A4, in the interest of justice and pass Counsel for the Petitioners: P MALLIKHARJUNA RAO Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6408 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 A4), seeking to quash the charge sheet in C.C.No.1667 of 2025 on the file of the Court of the Additional Judicial Magistrate of First Class, Kovvur, wherein they were charged with the offences punishable under Section 118(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 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 4 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, 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 A4) before the Additional Judicial Magistrate of First Class, Kovvur, in C.C.No.1667 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. 5 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 29.07.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6408 of 2026 Date: 29.07.2026 PSA