APHC010065282024 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: 797 OF 2024 Between: 1. VUDUMULA TIRUPATHI REDDY, S/o. Koti Reddy, Aged about 58 years, Occ Business, R/o.Door NO.20-3/1-19A, Near Sivalayam, 4th Lane, New Ayodhya Nagar, Vijayawada-520 003, A.P. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, P.S. Satyanarayanapuram, through Public Prosecutor, High Court, Amaravathi, A.P. ..Respondent 2. Gona Venkateswarulu, S/o.Chellaiah, Aged about 68 years, Occ Retired Employee R/o. Flat No.3 F.B., Saiman Niwas, Chintachetia Road, Ayodhya Nagar, Vijayawada - 520003, A.P. ...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 Court pleased to Quash the proceedings in C.C. No.363/2022 on the file of the Hon'ble III Addl. Junior Civil Judge cum III Addl. Metropolitan Magistrate, At Vijayawada for the offence U/Sec.l38 and 142 of Negotiable Instruments Act against the petitioner/accused and pass 2 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 to stay all further proceedings in C.C.No.363/2022 on the file of the III Addl. Junior Civil Judge cum III Addl. Metropolitan Magistrate, At Vijayawada, including appearance of the petitioner/accused in the above case pending the disposal of the main petition for quashing the same. Counsel for the Petitioner: K GANI REDDY Counsel for the Respondents: KOTHAPALLI SAI SRI HARSHA Counsel for the Respondents: PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO:797 of 2024 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 petitioner herein (Accused), seeking to quash the proceedings in CC No.363 of 2022 on the file of the learned III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Vijayawada, for the offences punishable under Sections 190 and 200 of the Criminal Procedure Code, 1973. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-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 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 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 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 petitioner herein. However, due to ground realities submitted by the counsel for the petitioner, presence of the petitioner herein before the learned III Additional Junior Civil Judge-cum-III Additional Metropolitan Magistrate, Vijayawada, in CC No.363 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 petitioner is 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: 19.08.2026 PSA 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO:797 of 2024 Date: 19.08.2026 PSA