APHC010458692026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE 2 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7648/2026 Between: 1. KONDAGARI NARAYANA, S/O K NARASIMULU, YEARS, R/O D.NO.8/47, LB SAI NAGAR, RAJAMPET MANDAL, TOWNSHIP, ISUKAPALLI ROAD, BOYANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADE 2. KONDAGARI PAVAN, S/O K. NARAYANA, R/O D.NO.8/47, LB SAI NAGARMANNUR VILLAGE, RAJAMPET MANDAL, NOW RESIDING AT RAJIV SWAGRUHA TOWNSHIP, ISUKAPALLI ROAD, BOYANAPALLI VILLAGE, ANNAMAYYA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. -522239 2. SINGAMANENI SUBRAMANYAM, S/O S. SUBBANNAAGED ABOUT 63 YEARS, OCC MASON WORKER, BOYANAPALLI VILLAGE, DISTRICT. Petition under Section circumstances stated in the High Court pleased to quash the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7648/2026 KONDAGARI NARAYANA, S/O K NARASIMULU, AGED ABOUT 58 YEARS, R/O D.NO.8/47, LB SAI NAGAR, MANNUR VILLAGE, RAJAMPET MANDAL, NOW RESIDING AT RAJIV SWAGRUHA ISUKAPALLI ROAD, BOYANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADE KONDAGARI PAVAN, S/O K. NARAYANA, AGED ABOUT 32 YEARS, R/O D.NO.8/47, LB SAI NAGARMANNUR VILLAGE, RAJAMPET NOW RESIDING AT RAJIV SWAGRUHA TOWNSHIP, ISUKAPALLI ROAD, BOYANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER/ACCUSED(S AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH, AMARAVATI. SINGAMANENI SUBRAMANYAM, S/O S. SUBBANNAAGED ABOUT 63 YEARS, OCC MASON WORKER, R/O CHENCHU COLONY, K. BOYANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYA ...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 pleased to quash the proceedings in C.C.No.310of 2025 on the file IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM AGED ABOUT 58 MANNUR VILLAGE, NOW RESIDING AT RAJIV SWAGRUHA ISUKAPALLI ROAD, BOYANAPALLI VILLAGE, RAJAMPET MANDAL, ANNAMAYYA DISTRICT, ANDHRA PRADE AGED ABOUT 32 YEARS, R/O D.NO.8/47, LB SAI NAGARMANNUR VILLAGE, RAJAMPET NOW RESIDING AT RAJIV SWAGRUHA TOWNSHIP, RAJAMPET MANDAL, ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH, AMARAVATI. SINGAMANENI SUBRAMANYAM, S/O S. SUBBANNAAGED ABOUT R/O CHENCHU COLONY, K. MANDAL, ANNAMAYYA ...RESPONDENT/COMPLAINANT(S): Cr.P.C and 528 of BNSS praying that in the of Criminal Petition, the n C.C.No.310of 2025 on the file 2 MRK,J Crl.P.No.7648 of 2026 of the learned Judicial Magistrate of First Class, Rajampet, arising out of Crime No.250 of 2025 of Rajampet Urban Police Station, Annamayya District, for the offences punishable under Sections 115(2), 351(2), 79 r/w 3(5) of the BNS, 2023, against the petitioners/Accused No.1 & 2, 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 of the original certified copy of C.C.No.310 of 2025 dated on the file of Judicial Magistrate of First Class, Rajampet before this Hon’ble Court 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 in C.C.No.310 of 2025 on the file of the learned Judicial Magistrate of First Class, Rajampet, arising out of Crime No.250 of 2025 of Rajampet Urban Police Station, Annamayya District, for the offences punishable under Sections 115(2), 351(2), 79 r/w 3(5) of the BNS, 2023 and pass Counsel for the Petitioner/accused(S): 1. JAYA PRAKASH MADASU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.7648 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 petitioners herein (A1 & A2), seeking to quash the proceedings in C.C.No.310 of 2025 on the file of the Judicial Magistrate of First Class, Rajampet, wherein they were charged with the offences punishable under Sections 115(2), 351(2) & 79 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. Learned counsel for the petitioners and Mr. 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 & A2) 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. 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 4 MRK,J Crl.P.No.7648 of 2026 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 petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of petitioners herein (A1 & A2) before the Judicial Magistrate of First Class, Rajampet, in C.C.No.310 of 2025 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In 1 2022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.7648 of 2026 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, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 02.09.2026 MDP