APHC010316212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5061/2026 Between: 1. GALA MALLIKHARJUNA REDDY, , S/O.SANKAR REDDY,AGED ABOUT 43YEARS, OCC RTD ARMY OFFICER,R/O. D.NO 9/188, DR.SUGUNAMMA STREET, RIY KODUR TOWNTIRUPATI DISTRICT,ANDHRA PRADESH, PINCODE516101. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, ,REP BY ITS PUBLIC PROSECUTOR,HIGH COURT AT AMARAVATHI FOR THE STATE OF ANDHRA PRADESH. 2. GALA ASWANI, W/O. SATYA NARAYANA REDDY,AGED ABOUT 50 YEARS, OCC HOUSE IWFE,R/O. DR.SUGUNAMMA STREET, RIY KODUR TOWN, TIRUPATI DISTRICTANDHRA PRADESH, PINCODE516101. ...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 Courteased tocall for the records relating to C.C. No.261 of 2025 On the file of Judicial First Class Magistrate, Railway Kodur, registered for the offences under Sections 329(4) 79, 115(2), 351(2) OF BNS.consequently quash the Charge Sheet and all consequential to the proceedings against quash proceedings as against the Petitioner /Accused herein andpass IA NO: 1 OF 2026 MRK,J Crl.P No.5061 of 2026 2 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 the filing of certified copy of the proceedings inC.C. No.261 of 2025 On the file of Judicial First Class Magistrate, Railway Kodur, registered for the offences under Sections 329(4), 79, 115(2), 351(2) OF BNS and to pass 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 STAY all further Proceedings inC.C. No.261 of 2025 On the file of Judicial First Class Magistrate, Railway Kodur, registered for the offences under Sections 329(4), 79, 115(2), 351(2) OF BNS pending disposal of main Criminal Petition and to pass Counsel for the Petitioner/accused: 1. KAMBYAGARI SAIPRATAP Counsel for the Respondent/complainant(S): 1. KAMBYAGARI SAIPRATAP Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR MRK,J Crl.P No.5061 of 2026 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM Criminal Petition No:5061 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 (Accused), seeking to quash C.C No.261 of 2025 on the file of the Judicial First Class Magistrate, Railway Kodur, wherein he was charged with the offences punishable under Sections 329(4), 79, 115(2), 351(2) of the Bharatiya Nyaya Sanhitha, 2023. 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 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 MRK,J Crl.P No.5061 of 2026 4 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 (Accused) before the Judicial First Class Magistrate, Railway Kodur, in C.C.No.261 of 2025 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:24.07.2026 Ksj