::1:: APHC010455152026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7598 OF 2026 Between: 1. Avula Bhanu Prakash, S/o.Ramesh Babu,Aged about 40 years, Advocate, R/o.D.No.7-1-1385Wood House Sangam, Stonehousepeta, Nellore,SPSR Nellore District,AP-524002. 2. Swarna Vishnu Vardhan Reddy, S/o.Prabhakar,Aged about 21 years, R/o. Sai Baba Temple Street,Venkateswarapuram, presently Residing at Jeenigala Street,Nellore,SPSR Nellore District. 3. Tharuvaipati Vijay Kumar, S/o.VenkateswarluAged about 32 years, Ryo. near Water Tank,Venkateswarapuram, Nellore,SPSR Nellore District,AP ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court Buildings, Nelapadu, Guntur. - 52239 2. Kuruguntia Venkata Krishna Reddy, S/o.Venkateswarlu,Aged about 30 years,R/o.Padamartinaidupalem,Cheemakurthi Mandal, Prakasam District, A P - 523226. ::2:: ...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 Courtto quash the proceedings in C.C.No.46 of 2026 on the file of the Honble II Additional Judicial Magistrate of First Class, Nellore, insofar as the Petitioners/A3 to A5 are concerned 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 to stay all further proceedings in C.C.No.46 of 2026 on the file of the Hon'ble II Additional Judicial Magistrate of First Class, Nellore, Pending disposal of the above Criminal Petition in the interest of justice Counsel for the Petitioners: MEDARA SIVA PRASAD Counsel for the Respondents: PUBLIC PROSECUTOR ::3:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7598 of 2026 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A3 to A5), seeking to quash the proceedings in C.C. No.46 of 2026 on the file of the II Additional Judicial Magistrate of First Class, Nellore, for the offences under sections 115(2), 118(1) of the Bharatiya Nyaya Sanhita, 2023. 2. Heard learned counsel for petitioners and Sri K. Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners (A3 to A5) 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 ::4:: 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 ::5:: 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 (A3 to A5) before the II Additional Judicial Magistrate of First Class, Nellore in C.C.No.46 of 2026 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: 01.09.2026 KRK ::6:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 94 CRIMINAL PETITION NO: 7598 of 2026 01.09.2026 KRK