APHC010412052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6774 OF 2026 Between: 1. Rayapudi Manoj, S/o Late Rayapudi Sadanandam, Aged about 55 years R/o Flat NO202, Royal Residency, 4 Street, Nethaji Nagar, Podalakur Road,Nellore 5240O4, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor High Court of Andhra Pradesh,Amaravati. 2. Rayapudi Kejiya Alias Pambadi Kejiya, W/o Rayapudi Manoj Kumar,Aged about 47 years,R/o Flat N0.2P2, 4th Street,Royal Residency Apartment,Netaji Nagar, Nellore Rural,SPSR Nellore District - 524004. ...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 Courtquash the proceedings in D.V.C.No.17 of 2026 on the file of Special Judicial Magistrate of 1st Class For Trial of Prohibition and Excise of Offences, Nellore against the Petitioner. 2 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 dispense with proceedings in D.V.C.No.17 of 2026 on the file of Special Judicial Magistrate of 1®^ Class For Trial of Prohibition and Excise of Offences, Nellore pending disposal of the petition for quashing 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 stay all further proceedings in D.V.C.No.17 of 2026 on the file of Special Judicial Magistrate of 1st Class For Trial of Prohibition and Excise of Offences, Nellore, including the appearance of the Petitioner pending disposal of the petition for quashing Counsel for the Petitioner: MALIREDDY GOWTHAM Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6774 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 petitioners herein, seeking to quash the proceedings in DVC. No. 17 of 2026 on the file of the learned SPL. Judicial I Class Magistrate (Prohibition & Excise) at Nellore, filed under sections 12, 18,19, 20 and 22 of the Domestic Violence Act, 2005. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent- 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 before the trial Court by submitting petitioner’s practical constraints in attending before the trial Court and states that petitioner shall not dispute his 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 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. So far as dispensing with the presence of the petitioner, before the trial Court, he has not opposed the same. 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 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 12022 LiveLaw (SC) 594 5 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. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005. 8. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioner herein. However, due to ground realities submitted by the counsel for the petitioner, presence of petitioner herein before the learned SPL. Judicial I Class Magistrate (Prohibition & Excise) at Nellore in DVC. No. 17 of 2026 is hereby dispensed with, 2 2025 Live Law (SC) 240 6 except on those dates when the learned trial Court feels that their presence is necessary. In the event of failure of the petitioner 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 petitioner is at liberty to raise all the grounds before the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 06.08.2026 JAK 7 125 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6774 of 2026 Date: 06.08.2026 JAK