1 APHC010456002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7612/2026 Between: 1. PECHETTI VENKATA SURYA PRAKASH ALIAS SURESH, S/O. VENKATA SURYANARAYANA, AGED 37 YEARS,OCC AGRICULTURE, R/O. 4-136, ADURRU VILLAGE,MAMIDKUDURU MANDAL,DR B.R. AMBEDKAR KONASEEMA DISTRICT. 2. PECHETTI VENKATA RAMANA, W/O. VENKATA SURYANARAYANA, AGED 59 YEARS OCC HOUSEWIFE, R/O. 4-136, ADURRU VILLAGE,MAMIDKUDURU MANDAL DR B.R. AMBEDKAR KONASEEMA DISTRICT. 3. PECHETTI DHARMA RAO, S/O. VENKANNA, AGED 76 YEARS,OCC RETIRED TEACHER,R/O. 4-41/1, LB NAGAR,RAZOLE VILLAGE AND MANDAL,DR B.R. AMBEDKAR KONASEEMA DISTRICT. 4. PECHETTI SURYAVATHI, W/O. DHARMA RAO, AGED 69 YEARS,OCC HOUSE WIFE, R/O. 4-41/1, LB NAGAR,RAZOLE VILLAGE MANDAL,DR B.R. AMBEDKAR KONASEEMA DISTRICT. 5. PECHETTI SRINIVAS SRINU, S/O. DHARMA RAO, AGED 52 YEARS,OCC WELDER ELECTRICIAN,R/O. 4-137, ADURRU VILLAGE,MAMIDKUDURUMANDAL,DR B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH S.H.O. MAHILA 2 POLICE STATION,EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF AP AT AMARAVATI. 2. PECHETTI SAI LAKSHMI, W/O. PECHETTI VENKATA SURYA PRAKASH SURESH WIFE,R/O. D.NO.102-5-573, MAA NIVAS BUILDING,PANCHAYATHI STREET, BOMMURU VILLAGE,RAJAMAHENDRAVARAM RURAL MANDAL,EAST GODAVARI DISTRICT. - 533124 ...RESPONDENT/COMPLAINANT(S): 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 pleased to quash the C.C.No.2098 of 2025 on the file of the IV Additional Junior Civil Judge-Cum-IV Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District 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 to dispense with filing certified copy of C.C.No. 2098 of 2025 on the file of the IV Additional Junior Civil Judge-Cum-IV Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District and pass 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 to stay of all further proceedings including appearance of the Petitioners/ A1, A2, A4 to A6 in C.C.No. 2098 of 2025 on the file of the IV Additional Junior Civil Judge-Cum-IV Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District and pass Counsel for the Petitioner/accused(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7612 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 (A1, A2 and A4 to A6), seeking to quash the proceedings in CC No.2098 of 2025 on the file of IV Additional Junior Civil Judge-cum-IV Additional Judicial Magistrate of First Class, Rajamahendravarm for the offences punishable under Section 85, 351(2) 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 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, A2 and A4 to A6) 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 to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. 4 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 appreciation of evidence of the particular case being considered. 12022 LiveLaw (SC) 594 5 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, A2 and A4 to A6) before the IV Additional Juniro Civil Judge-cum-IV Additional Judicial Magistrate of First Class, Rajamahendravaram, in C.C.No.2098 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. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 01.09.2026 RMR 6 77 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7612 of 2026 01.09.2026 W RMR