APHC010464182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 9241 OF 2025 Between: 1. Tikka alias Thikka Satyanarayana, S/oT.Markendeyulu, Aged 56 yrs, R/o.Flat No 202,PragathiTowers , Back Side JLB MPL Girls High School, A.S.R Nagar ,Bhimavaram Town and Mandal West Godavari District ,Andhrapradesh 2. Tikka alias ThikkaBaby Padmavathi, W/o TSatyanarayana Aged 49 yrs, R/o.Flat No 202,PragathiTowers , Back Side JLB MPL Girls High School, A.S.R Nagar .Bhimavaram Town and Mandal West Godavari District Andhrapradesh ...Petitioners AND 1. The State of Andhra Pradesh, Through The Sub-Inspector of Police Ramachandrapuram Police Station Ramachandrapuram Town and Mandal DR.B.R.AmbedkarKonaseema District, Rep.by Public Prosecutor High Court of A.P., Amaravati 2. Tikka alias Thikka Vijaya Santhi, W/o T.Srinivasu, Aged 39 yrs, R/o.Door No 19-2-4 , DhapedharStreet RamachandrapurmTown and Mandal DR.B.R.AmbedkarKonaseemaDistrict,Andhra Pradesh ...Respondents 2 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 may be pleased to call for the records in C.C.No.233 / 2025 on the file of the Court of the Hon’ble Judicial First Class Magistrate, Ramachandrapuram East Godavari District, Andhra Pradesh and quash the same in so far as the Petitioners/A-2and A- 3 are concerned as the same is illegal, arbitrary and abuse of process of law 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 pleased to grant stay of all further proceedings including appearance of the Petitioners/A-2and A-3 in C.C.No.233 / 2025 on the file of the Court of the Hon’ble Judicial First Class Magistrate,Ramachandrapuram, East Godavari District, Andhra Pradesh pending disposal of the above CrI.P. and pass Counsel for the Petitioners: VUNDAVALLI JAGADISH VC Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 9241 of 2025 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.223 of 2025 on the file of the learned Judicial First Class Magistrate, Ramachandrapuram, for the offences punishable under Section 498A read with 34 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 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 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against 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 1 2022 LiveLaw (SC) 594 5 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 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 Judicial First Class Magistrate, Ramachandrapuram, in C.C.No.9241 of 2025 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. 6 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: 10.08.2026 PSA 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 9241 of 2025 Date: 10.08.2026 PSA