APHC010557762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE 31st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 11024 OF 2025 Between: 1. Patan Akbar Khan, S/o Late Patan Kasim Khan, Aged about 83 years, R/o D.No.1/588, Rajiv Gandhi Nagar, Kadapa Town Y.S.R. Kadapa District 2. Patan Ramija Bee, W/o Patan Akbar Khan, Aged about 76 years, R/o D.No.1/588, Rajiv Gandhi Nagar, Kadapa Town Y.S.R. Kadapa District. 3. Patan Thaharun, W/o Patan Rouf Khan, Aged about 54 years, R/o D.No.31/107-4, Alimabad Street, Rayachoti Town, Y.S.R. Kadapa District 4. Patan Raoof Khan, S/o Kasim Khan, Aged about 67 years, R/o D.No.31/107-4, Alimabad Street, Rayachoti Town, Y.S.R. Kadapa District 5. Patan Mastan Vali, S/o Patan Raoof Khan, Aged about 36 years, R/o D.No.31/107-4, Alimabad Street, Rayachoti Town, Y.S.R. Kadapa District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its SHO, Kadiri Town Police Station, Through Public Prosecutor, High Court of Andhra Pradesh, Amaravati. 2 2. Patan Rihana, W/o Patan Munna @ Sadaq Vali, Aged about 40 years, R/o Revenue Colony, Kadiri Town and Mandal, Sri Satyasai 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 Courtmay be pleased to call for the records in the impugned C.C.No.1172/2023 on the file of Hon’ble Additional Judicial Magistrate of First Class, Kadiri and quash the same in so far as the Petitioners/Accused No.2, 3, 6, 7 and 8 and pass such IA NO: 1 OF 2025 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 including the appearance of the Petitioners/Accused No.2, 3, 6, 7 & 8 in C.C.No.1172/2023 on the file of Hon’ble Additional Judicial Magistrate of First Class, Kadiri pending disposal of the above criminal petition and pass such Counsel for the Petitioners: A SYAM SUNDAR REDDY Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 11024 of 2025 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 (A2, A3, A6, A7 & A8), seeking to quash the charge sheet in C.C.No.1172 of 2023 on the file of the learned Additional Judicial Magistrate of First Class, Kadiri, wherein they were charged with the offences punishable under Sections 498A and 506 IPC and Sections 3 & 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 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, presence of petitioners herein (A2, A3, A6, A7 & A8) before the learned Additional Judicial Magistrate of First Class, Kadiri, in C.C.No.1172 of 2023 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: 31.07.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 11024 of 2025 Date: 31.07.2026 PSA