APHC010442662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7364 OF 2026 Between: 1. Kasukurthi Vamshi, S/o Ramesh,Aged about 32 years, R/o Kacharajupalli Village,Chandampeta Mandal, Nalgonda District,Telangana State- 508248. 2. Kasukurthi Ramesh, S/o Singaiah,Aged about 55 years, R/o Kacharajupalli Village,Chandampeta Mandal, Nalgonda District,Telangana State- 508248. 3. Kasakurthi Ribka, W/o Ramesh,Aged about 50 years, R/o Kacharajupalli Village,ChandampetaMandal, Nalgonda District,Telangana State- 508248. 4. Veeraboina Mounika, W/o Siva,Aged about 29 years, R/o Kacharajupalli VillageChandampeta Mandal, Nalgonda District,Telangana State- 508248. 5. Kasukurthi Gangaiah, S/o Singaiah,Aged about 53 years, R/o D. No. 15-408/1,Harijanavada, Thatiparthivaripalem Village,Inkollu Mandal, Prakasam District-523167. 6. Kasukurthi Padmavathi, W/o Gangaiah,Aged about 51 years, R/o D. No. 15-408/1,Harijanavada, Thatiparthivaripalem Village,Inkollu Mandal, Prakasam District - 523167. 7. Kasukurthi Anil Babu, S/o Gangaiah,Aged about 23 years, R/o D. No. 15-408/1,TPV Palem, Inkollu, Prakasam District-523167. ...Petitioners AND 2 1. The State of Andhra Pradesh, Rep. By its Public Prosecutor,High Court of Andhra Pradesh, at Amaravati,Through Station House Officer,Inkollu Police Station, Bapatla District. 2. Kasukurthi alias Komarabathina Neelaveni, W/o Kasukurthi Vamshi, Aged about 29 years,R/o D. No. 4-262/A, Near Water Tank,Gangavaram Road, Inkollu Village Mandal,Bapatla District - 523167. ...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 call for records and Quash the Charge Sheet in C.C No. 120 of 2025, on the file of the Honble Judicial Magistrate of First Class, Parchur, Bapatla District, against the Petitioners/Accused No.1 to 7 for the offence Under Section 85 Bharatiya Nyaya Sanhitha, 2023, and under Sections 3, 4 of the Dowry Prohibition Act, 1961, 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 including their appearance of the petitioners/Accused Nos 1 to 7 in C.C.No. 120 of 2025, on the file of the Hon’ble Judicial Magistrate of First Class Court, Parchur, Bapatla District, pending disposal of the Criminal Petition and pass Counsel for the Petitioners: MADHAVA RAO NALLURI Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO:7364 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 (A1 to A7), seeking to quash the proceedings in CC No.120 of 2025, on the file of the learned Judicial Magistrate of First Class, Parchur, for the offences punishable under Section 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 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- 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 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 1 2022 LiveLaw (SC) 594 5 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 before the learned Judicial Magistrate of First Class, Parchur, in CC No.120 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. 9. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. 6 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.08.2026 PSA 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO:7364 of 2026 Date: 24.08.2026 PSA