APHC010454182026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 1 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7586/2026 Between: 1. SHAIK CHAND PASHA, S/O. MAHABOOB ALI BUSINESS R/O. ARKAPALLY VILLAGE MADUGULA MANDAL MAHABUBNAGAR DISTRICT TELANGANA STATE 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AMARAVATI. 2. THE ASSISTANT SUPPLY OFFICER, PDS CIVIL SUPPLIES DEPARTMENT CIRCLE DISTRICT. Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds High Court to quash the P FILE OF IV ADDITIONAL CHIEF against the Petitioner/Accused No. 3 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, High Court may be pleased dispense with the filing of the C.C. NO. 4538 OF 2024 ON THE FI MAGISTRATE VIJAYAWADA IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7586/2026 CHAND PASHA, S/O. MAHABOOB ALI AGED 31 YEARS OCC R/O. ARKAPALLY VILLAGE MADUGULA MANDAL MAHABUBNAGAR DISTRICT TELANGANA STATE ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH THE ASSISTANT SUPPLY OFFICER, PDS CIVIL SUPPLIES DEPARTMENT CIRCLE - III, GANDHI NAGAR VIJAYAWADA N.T.R. ...RESPONDENT/COMPLAINANT(S): Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the d in the Memorandum of Grounds of Criminal Petition, the to quash the Proceedings in C.C. NO. 4538 OF 2024 ON THE NAL CHIEF JUDICIAL MAGISTRATE VIJAYAWADA the Petitioner/Accused No. 3 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, High Court may be pleased dispense with the filing of the certified copy of OF 2024 ON THE FILE OF IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE VIJAYAWADA IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM AGED 31 YEARS OCC R/O. ARKAPALLY VILLAGE MADUGULA MANDAL ...PETITIONER/ACCUSED THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT THE ASSISTANT SUPPLY OFFICER, PDS CIVIL SUPPLIES III, GANDHI NAGAR VIJAYAWADA N.T.R. ...RESPONDENT/COMPLAINANT(S): Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the of Criminal Petition, the 2024 ON THE MAGISTRATE VIJAYAWADA 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 certified copy of F IV ADDITIONAL CHIEF JUDICIAL 2 MRK,J Crl.P.No.7586 of 2026 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 Petitioner/ Accused No.3 in C.C.NO.4538 OF 2024 ON THE FILE OF IV ADDITIONAL CHIEF JUDICIAL MAGISTRATE VIJAYAWADA pending disposal of the criminal petition Counsel for the Petitioner/accused: 1. MARELLA RADHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.7586 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A3), seeking to quash the proceedings in C.C.No.4538 of 2024 on the file of the IV Additional Chief Judicial Magistrate, Vijayawada, wherein he was charged with the offences punishable under Section 318 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. 2. Heard learned counsel for the petitioner and Mr. K.Sandeep, 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 (A3) before the trial Court by submitting petitioner’s practical constraints in attending before the trial Court and states that petitioner shall not dispute his 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 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. 4 MRK,J Crl.P.No.7586 of 2026 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 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 petitioner herein (A3) before the IV Additional Chief Judicial Magistrate, 1 2022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.7586 of 2026 Vijayawada in C.C.No.4538 of 2024 is hereby dispensed with, except on those dates when the learned trial Court feels that his presence is necessary. In the event of failure of the petitioner 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. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 01.09.2026 MDP