APHC010320612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 13th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5136 OF 2026 Between: 1. Gunji Anil, S/o Satyam, aged about 37 years, R/o D.No. 15-2- 124, 3rd Floor, 1st Line, James Garden, Nellore, AndhraPradesh 524002 2. Gunji Kumari, W/o Satyam, aged about 66 years, R/o D.No.3- 50, Sanjay Gandhi Colony, Bapatla, Andhra Pradesh 522101 3. Gunji Satyam, S/o Chinna Abbai, aged about 68 years, R/oD.No.3-50, Sanjay Gandhi Colony, Bapatla, Andhra Pradesh522101 4. Gunji Ajesh, S/o Satyam, aged about 42 years, R/o FlatNo. 101, 1st Floor, Apple Ridge Apartment, Madhav NagarColony, Miyapur, Hyderabad 500049 5. PadavalaYeshoda Vimala, W/o Gunji Ajesh, aged about 39years, R/o Flat No. 101, 1st Floor, Apple Ridge Apartment,Madhav Nagar Colony, Miyapur, Hyderabad 500049 6. Gunji Anitha, D/o Satyam, aged about 38 years, R/o D.No. 16- 6-116, N R Resideney, Srinivas Agraharam, Ram MurthyNagar, Nellore 524001 7. Kambhampati Venkateswara Rao, s/o Ananda Rao, agedabout 46 years, R/o D.No. 16-6-116, N R Residency, SrinivasAgraharam, Ram Murthy Nagar, Nellore 524001 ...Petitioners AND 2 1. The State of Andhra Pradesh, represented by the PublicProsecutor, High Court of Andhra Pradesh, Amaravati,Guntur District. 2. Gunji alias Derangula Vijaya Lakshmi, W/o Gunji Anil, D/o Late.Derangula Srinivasa Rao, aged about 37 years, R/oGovernment Nursing Quarters, Block-I, Flat No. 101, ACSRGovernment Medical College, Nellore. shown in the FIR85Chargesheet as R/o Sivalayam Street, Old Guntur, Guntur ...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 Courtpleased to quash the proceedings in C.C. No. 715 of 2026 on the file of the Court of the VI Additional Junior Civil Judge, Guntur, for the alleged offences punishable under Sections 85, 118(1) of BNS and Sections 3 and 4 of the DP Act 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 all further proceedings against the Petitioners/Accused C.C. No. 715 of 2026 on the file of the Court of the VI Additional Junior Civil Judge, Guntur, for the alleged offences punishable under Sections 85, 118(1) of BNS and Sections 3 & 4 of the DP Act and pass Counsel for the Petitioners: KOVELAMUDI SYAM KRISHNA,KOVELAMUDI SYAMKRISHNA Counsel for the Respondents: HABIBULLA SHAIK Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO:5136 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in CC No.715 of 2026 on the file of the learned VI Additional Junior Civil Judge, Guntur, for the offences punishable under Sections 85 and 118(1) of the Bharatiya Nyaya Sanhitha, 2023 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 before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court and states that petitioners shall not dispute their identity at a later stage of proceedings. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against 4 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. So far as dispensing with the presence of the petitioners, before the trial Court, he has not opposed the same. 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. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way: 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and 1 2022 LiveLaw (SC) 594 5 held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered. 7. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioners herein (Accused) before the learned VI Additional Junior Civil Judge, Guntur, in CC No.715 of 2026 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In the event of failure of the petitioners to appear when the trial Court specifically directs, this Order shall stands automatically revoked, without recourse to this Court. 8. Accordingly, the Criminal Petition is disposed of. 9. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 13.08.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5136 of 2026 Date: 13.08.2026 PSA