APHC010360902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5840 OF 2026 Between: 1. Shaik Mahaboob Basha, S/o. Late Jamshed, aged about 43 yearsR/o. Door No. 19-4-3J, STV Nagar,Venkata Reddy Colony, Tirupati,Tirupati District, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of A.P., Nelapadu,Amaravati, Guntur District. 2. Kairunnisa Shaik, W/o. Shaik Mahaboob Basha,Aged about 26 years, R/o. Matam Street,Pedda Cheppali Village, Kamalapuram Mandal,YSR Kadapa District ...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 quash the proceedings in C.C. No. 77 of 2023on the file of Hon’ble Judicial Magistrate of I Class, Kamalapuram 2 against the Petitioner/Accused No.1 herein for alleged of fences under Section 498A r/w 34 of IPC and Section 3 and 4 of D.P. Act, 1961 and pass a 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 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 Counsel for the Petitioner: KANDERI CHETHAN Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5840 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 (A1), seeking to quash the charge sheet in C.C.No.7 of 2023 on the file of the Judicial Magistrate of First Class, Kamalapuram, for the offences punishable under Sections 498A read with 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-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 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 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 (A1) before the Judicial Magistrate of First Class, Kamalapuram, in C.C.No.77 of 2023 is dispensed with, except on those dates when the learned Judge feels that his 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. 5 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 30.07.2026 Krk 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5840 of 2026 Date: 30.07.2026 Krk