APHC010525732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 8052/2023 Between: 1. BANDLA SRINIVASA RAO, SIO LATE SRI.B.SATYANARAYANA, HINDU, AGED ABOUT 45 YEARS, R/O FLAT NO.404, MULLAPUDI ENCLAVE, KANNAVARITHOTA MAIN ROAD, OPP. KKR PLAZA, NACIARAMPAIERN, GUNTUR-1 2. SMT.BANDLA ESWARAMMA,, W/O LATE SRI. B.SATYANARAYANA, HINDU, AGED ABOUT 70 YEARS, WIDOW, C/O BANDLA SRINIVASA RAO, R/O FLA NO.404, MULLAPUDI ENCLAVE, KANNAVARITHOTA MAIN ROAD, OPP. KKR PLAZA, NAGARAMPALERN, ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, STATE OF ANDHRA PRADESH, HIGH COURT BUIDINGS, NEIAPADU, AMARAVATI, GUNTUR DISTRICT, 2. SMT CHANDANA BANDLA JYOTHI, D/O C. MADAN MOHAN NAIDU @ MASTAN NAIDU, HINDU AGED ABOUT 41 YEARS, R/O 15/551- 8/1, PANCHAYAT RAJ COLONY,EDEPALLE,MACHILIPATNARN, KRISHNA DISTRICT ...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 Courtpleased to to call for the records pertaining to CC NO. 1403/2021 on the file of Hon'ble Special Magistrate of First Class for trying P and E Offences, Machilipatnam at Krishna and quash the proceedings and pass 2 SUN, J Crl.P.No.8052 of 2023 IA NO: 1 OF 2023 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 to dispense with filing of the copy of Charge Sheet in C.C NO: 1403/2021, dated on the file of Special Magistrate of First Class For trying P & E Offences, Machilipatnam, Krishna District before this Hon'ble Court, for the present and pass IA NO: 2 OF 2023 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 in C.C.N0:1403/2021 on the file of Hon'ble Special Magistrate of First Class For trying P & E Offences, Machilipatnam at Krishna including appearance of the petitioners herein pending disposal of main petition and pass Counsel for the Petitioner/accused(S): 1. JUPUDI V K YAGNADUTT Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 3 SUN, J Crl.P.No.8052 of 2023 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 8052 OF 2023 ORDER: This Criminal Petition is filed by the petitioners to quash the proceedings in C.C.No.1403 of 2021 pending on the file of the Special Magistrate of First Class for Trying Prohibition & Excise Offences, Machilipatnam, Krishna District, against the petitioners for the offences under Section 498-A of the Indian Penal Code, 1860 (hereinafter referred to as „the Code‟) and Sections 3 & 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as „the Act‟). 2. Heard Sri V.K. Yagna Dutt, learned counsel for the petitioners and learned Assistant Public Prosecutor. 3. Learned counsel for the petitioners initially would argue that the petitioner No.1 and the respondent No.2 led marital life for two weeks only and thereafter, Accused No.1 left to his workplace at Pune and since then, they have been living separately, omnibus allegations leveled against both the petitioners, after filing divorce petition in H.M.O.P.No.142/2021 by the petitioner No.1, respondent No.2 gave report to harass the petitioners. Further, the petition filed by the husband/petitioner No.1 seeking dissolution of marriage was dismissed and the petition filed by the respondent No.2 seeking restitution of conjugal rights is allowed and aggrieved by the said orders, petitioner No.1 preferred C.M.A.Nos.648 and 649 of 2024, they are pending before this Court and under the guise of the said orders, respondent No.2 has not been coming for settlement also, though the case is referred for mediation. 4 SUN, J Crl.P.No.8052 of 2023 4. Learned Assistant Public Prosecutor submitted that there are no grounds to quash the proceedings, the trial has already been started and there are no merits in the petition. Having received notice, respondent No.2 remained absent. 5. As seen from the record, basing on the report of the respondent No.2, a case in Crime No.46 of 2021 was registered and after completion of investigation, police filed charge sheet of the offences under Section 498-A of the Code, and Sections 3 & 4 of the Act and the same is registered as C.C.No.1403/2021 and now the case is at the stage of examination of further witnesses. As per the version of the learned counsel for the petitioners that in the cross-examination of Respondent No.2 as PW.1 in C.C.No.1403 of 2021, she has categorically admitted that she led marital life only for two weeks and since then they have been living separately and though stay is not granted by this Court, the case is stalled at the stage of examination of PW.1 itself for want of regular Presiding Officer and requested to discharge, at least the petitioner No.2/Mother-in-law as she is aged about 74 years, has been suffering from health issues and is bedridden. To substantiate the said contention, petitioners filed medical record showing health condition of the petitioner No.2 and as seen from the medical record, she underwent knee surgeries and suffering from several health issues. Since the case has already been reached the stage of trial, there is no question of discharging the petitioner No.2. As per the order of this Court, her presence before the trial court is dispensed with, except on those dates when learned Magistrate feels that the presence of petitioner No.2 is required. Learned counsel further would 5 SUN, J Crl.P.No.8052 of 2023 argue that petitioner No.2 is bedridden and is not in a position to attend the Court at Machilipatnam, even on any particular date(s) as per the direction of the trial Court. In this regard, it is to be mentioned that as per the Andhra Pradesh Electronic Communication and Video Conferencing Rules, 2026, any witness or accused may be examined through video conferencing/electronic mode and for that, court point coordinator and remote point coordinator have to be appointed. The said rules are usefully extracted hereunder: “Court Point Coordinator: The Presiding Officer/Court should designate or ensure appointment of a Court Point Coordinator. The coordinator is responsible for the functioning of the VC facility at the Court Point, including connectivity, identification/verification procedures, document transmission, recording-related requirements and coordination with the Remote Point. Remote Point Coordinator: Where the accused/witness is physically present at another location, a Remote Point Coordinator should be designated at that Remote Point. That coordinator facilitates the appearance of the accused/witness, verifies identity and ensures that the person is properly positioned and able to participate in the proceedings. The coordinator also assists with documents, administration of the proceedings and communication with the Court Point. The Presiding Officer conducts and controls the examination, records the proceedings and makes the necessary judicial determinations. The coordinators are essentially responsible for facilitating and ensuring the integrity of the electronic proceeding.” 6. Leaned counsel for the petitioners finally would argue that at least early disposal of the case in C.C.No.1403/2021 meets the ends of justice and learned Assistant Public Prosecutor also fairly conceded to dispose this petition with that direction. This Court is conscious about the pendency of the 6 SUN, J Crl.P.No.8052 of 2023 cases before the trial Court and the fact that no regular presiding officer is there in that Court. The Officer who has been placed in charge, can take up trial. So, without delving into the facts of the case and having considered the fact that the case in C.C.No.1403/2021 is five year old matter and it has already been reached the stage of further examination of prosecution witnesses, this Court is of the considered view that a direction may be given to the trial Court to dispose the matter. 7. In the result, this Criminal Petition is disposed of, directing the learned Special Judicial Magistrate of First Class (Prohibition & Excise), Machilipatnam, Krishna District to dispose of the case in C.C.No.1403 of 2021 in accordance with law within three (03) months from the date of receipt of a copy of this Order and the trial Court is permitted to conduct examination of petitioner No.2 under Section 313 of Code of Criminal Procedure through video conferencing mode by duly following the APEC&VC Rules. Registry is directed to send copy of this order to the trial Court forthwith. There shall be no order as to costs As a sequel, Miscellaneous petitions, if any pending, shall stand closed. ___________________ SUNITHA GANDHAM,J Date: 17.08.2026 SSA/Vns 7 SUN, J Crl.P.No.8052 of 2023 34 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 8052 of 2023 Date: 17.08.2026 SSA/Vns