APHC010412412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6779/2026 Between: 1. KANIKARAM PURUSHOTHAM, S/O DORASWAMY,R/O RAHAMATH NAGAR, PUNGANURU TOWN,CHITTOOR DISTRICT, ANDHRA PRADESH. 2. KANIKARAM DORASWAMY, S/O PEDA KONDAIAH,R/O RAHAMATH NAGAR, PUNGANURU TOWN,CHITTOOR DISTRICT, ANDHRA PRADESH. 3. KANIKARAM MANGAMMA, W/O DORASWAMY,R/O RAHAMATH NAGAR, PUNGANURU TOWN,CHITTOOR DISTRICT, ANDHRA PRADESH. 4. KANIKARAM CHANDRA, S/O DORASWAMY,R/O RAHAMATH NAGAR, PUNGANURU TOWN,CHITTOOR DISTRICT, ANDHRA PRADESH. 5. KANIKARAM RAGHAVENDRA, S/O DORASWAMY,R/O RAHAMATH NAGAR, PUNGANURU TOWN,CHITTOOR DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, ,THROUGH SUB-INSPECTOR OF POLICE,KADAPA I TOWN POLICE STATION,YSR KADAPA DISTRICT,REP. BY ITS PUBLIC PROSECUTOR- 522239,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. 2. KOLE VENKATA SAI KUMARI, D/O K.V. SUBBANNA,R/O BETHANY CHURCH STREET, KADAPA CITY,YSR KADAPA DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): 2 MRK,J Crl.P.No.6779 of 2026 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 QUASH all further against the petitioners/Accused, in C.C. No. 862 of 2019 on the file of the Court of the I Additional Judicial Magistrate of First Class, Kadapa (arising out of FIR No. 263/2018 of Kadapa I Town PS registered for offences U/s 498-A IPC and Sec. 3 & 4 of D.P. Act), in the interest of justice 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 STAY all further proceedings, including the personal appearance of the Petitioners / Accused, in C.C. No. 862 of 2019 on the file of the Court of the I Additional Judicial Magistrate of First Class, Kadapa, Counsel for the Petitioner/accused(S): 1. MADUGULA AKHIL 2. MADUGULA AKHIL Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 MRK,J Crl.P.No.6779 of 2026 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6779 of 2026 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A5), seeking to quash the proceedings in C.C.No.862 of 2019 on the file of the I Additional Judicial Magistrate of First Class, Kadapa, wherein they were charged with the offences punishable under Section 498(A) read with Section 34 of the Indian Penal Code, 1860, and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioners and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners submits that petitioner No.2 (A2) is no more. 4. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner Nos.1 & 3 to 5 (A1 & A3 to A5) 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. 5. 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 accusations has to be decided during the course 4 MRK,J Crl.P.No.6779 of 2026 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. 6. 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. 7. 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 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. 1 2022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.6779 of 2026 8. 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 petitioner Nos.1 & 3 to 5 herein (A1 & A3 to A5) only before the I Additional Judicial Magistrate of First Class, Kadapa, in C.C.No.862 of 2019 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. 9. Accordingly, the Criminal Petition is disposed of. 10. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 06.08.2026 MDP