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2026 DAILYLAW 6840 (AP)

Amplilli Rambabu v. The State of Andhra Pradesh

CRLP/6415/2026 · 2026-07-29

Maheswara Rao Kuncheam

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010393472026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6415/2026 Between: 1. AMPLILLI RAMBABU, S/O. DALAYYA,AGED ABOUT 33 YEARS, R/O. D.NO. 34-14-32/2,GNANAPURAM, MANYALA VEEDHI, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. 2. AMPLILLI DALAYYA, S/O. LATE RAMAYYA,AGED ABOUT 58 YEARS, R/O. D.NO. 1-18,S.C. COLONY, CHALIVENDRI, VEERAGATTAM,PARVATHIPURAM MANYAM DISTRICT. 3. AMPLILLI ANTHONAMMA, W/O. DALAYYA,AGED ABOUT 53 YEARS, R/O. D.NO. 1-18,S.C. COLONY, CHALIVENDRI, VEERAGATTAM,PARVATHIPURAM MANYAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THEPUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI. 2. AMPILLI HARITHA, W/O. RAMBABU,AGED ABOUT 32 YEARS, R/O. D.NO. 1-20-10,PEDDAWALTAIR, VISAKHAPATNAM,VISAKHAPATNANI 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 2 Memorandum of Grounds of Criminal Petition, the High Courtpleased to quasi proceedings C.C No. 949 of 2024 on the file of court of the Additional Chief Judicial Magistrate at Visakhapatnam 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 certified copy of the C.C No. 949 of 2024 on the file of court of the Additional Chief Judicial of justice. Visakhapatnam in the interest 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 dispense with filing of the certified copy of the C.C No. 949 of 2024 on the file of court of the Additional Chief JudicialMagistrate at Visakhapatnam in the interest of justice. Counsel for the Petitioner/accused(S): 1. Reddy venkata ramana 2. REDDY VENKATA RAMANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6415/2026 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 A3), seeking to quash the charge sheet in C.C.No.949 of 2024 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, wherein they were charged with the offences punishable under Sections 498A, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 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. 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 A3) before the I Additional Chief Metropolitan Magistrate, Visakhapatnam, in C.C.No.949 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: 30.07.2026 krk 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 87 CRIMINAL PETITION No.6415/2026 Dt: 30.07.2026 krk