::1:: APHC010055282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 19th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 707 OF 2024 Between: 1. Vuchula Vijay Kumar, S/o.Chowdary, Aged about 71 years, R/o.Korraguntapalem Village. Mudinepalli Mandal, Krishna District. 2. Vuchula Swarjan Raju, S/o.Vijay Kumar. Aged about 37 years. R/'o.Korraguntapalem Village, Mudinepalli Mandal, Krishna District. 3. Bandula Vijay Sagar, S/o.Sugunarao. Aged about 30 years, R/o.Korraguntapalem Village, Mudinepalli Mandal, Krishna District. 4. Bandula Vinay Kumar., S/o.Sugunarao, Aged about 25 years. R/o.Korraguntapalem Village. Mudinepalli Mandal. Krishna District. 5. Battagani Yesu Dasu,, S/o.Anandarao. Aged about 41 years, R/o.Sriharipuram Village, Mudinepalli Mandal. Krishna District. 6. Battagani Vijaya Ratna Kumari,, W/o.Yesu Dasu, Aged about 39 years. R/o. Sriharipuram Village, Mudinepalli Mandal. Krishna District. 7. Kati Vijaya Jarusha, W/o.Raju, Aged about 39 years. R/o.Konaguntapalem Village, Mudinepalli Mandal. Krishna District. ::2:: 8. Thera Shalem, S/o.Rajesh, Aged about 24 years, R/o.Korraguntapalem Village. Mudinepalli Mandal. Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court, Amaravathi. 2. Kote Naga Malleswari, W/o.Venkatesvvara Rao, Aged about 54 years. Occ Sarpanch. R/o.Gopannapalem Village, Denduluru Mandal. Eluru District. ...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 quash the C.C.No.807/2022 on the file of Hon'ble Judicial First Class Magistrate, Kaikalur as against the petitioners/accused Nos.1 to 8 and pass IA NO: 1 OF 2024 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 dispense with the filing of the certified copy of the charge sheet in C.C.No.807/2022 on the file of Hon’ble Judicial First Class Magistrate, Kaikalur and pass IA NO: 2 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of ::3:: Criminal Petition,the High Court may be pleased pleased to grant interim stay of ail further proceedings in C.C.No.807/2022 on the file of Hon’ble Judicial First Class Magistrate, Kaikalur including appearance of the petitioners/accused Nos. 1 to 8, pending disposal of the above criminal petition and pass Counsel for the Petitioners: B V ANJANEYULU Counsel for the Respondents: I V N RAJU Counsel for the Respondents:PUBLIC PROSECUTOR (AP) ::4:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 707 of 2024 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 A8), seeking to quash the proceedings in C.C. No. 807 of 2022 on the file of the Judicial First Class Magistrate, Kaikalur, for the offences under sections 323, 506, 509 read with 34 IPC. 2. Heard learned counsel for the petitioners and Sri K. Sandeep, 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 (A1 to A8) 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. 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 ::5:: 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 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 1 2022 LiveLaw (SC) 594 ::6:: 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 petitioners herein (A1 to A8) before the Court of the Judicial First Class Magistrate, Kaikalur, in C.C.No.807 of 2022 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. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.08.2026 KRK ::7:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 110 CRIMINAL PETITION NO:707 of 2024 19.08.2026 KRK