APHC010468022026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 8 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7837/2026 Between: 1. BANALA PREM KUMAR, S/O. B.GURAVAIH,AGE 34 YEARS, OCC COOLIE,R/O. D.NO.41 KALPANA PRINTERS ROAD,KRISHNALANKA, VIJAYAWADA URBAN, KRISHNA DISTRICT 2. BANALA RAMANA, W/O. B.GURAVIAH.AGE 51 YEARS, OCC HOUSE WIFE,R/O. D.NO.41 KALPANA PRINTERS ROAD, URBAN, KRISHNA DISTRICT 3. BANALA GURAVAIAH, S/O. LATE BANYYA, COOLIE, R/O. D.NO.41 KALPANA PRINTERS ROAD, URBAN, KRISHNA DISTRICT 4. NANDHYALA LALITHA KUMARI, W/O. PRABHAKAR,AGE 38 YEARS, OCC HOUSE WIFE, STREET, KALPANA PRINTERS ROAD, VIJAYAWADA URBAN, KRISHNA 5. BANALA JAKRAIAH, S/O. B.GURAVAIH, COOLIE,R/O. D.NO.41 KALPANA PRINTERS ROAD, URBAN, KRISHNA DISTRICT 1. BANALA ANITHA, W/O. B.PREM KUMAR, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7837/2026 BANALA PREM KUMAR, S/O. B.GURAVAIH,AGE 34 YEARS, OCC COOLIE,R/O. D.NO.41-20/5-36, ORSE VENKATAIAH STREET, KALPANA PRINTERS ROAD,KRISHNALANKA, VIJAYAWADA URBAN, KRISHNA DISTRICT - 520 013. BANALA RAMANA, W/O. B.GURAVIAH.AGE 51 YEARS, OCC HOUSE WIFE,R/O. D.NO.41-20/5-36, ORSE VENKATAIAH STREET, KALPANA PRINTERS ROAD, KRISHNALANKA, VIJAYAWADA URBAN, KRISHNA DISTRICT - 520 013. BANALA GURAVAIAH, S/O. LATE BANYYA, AGE 58 YEARS, OCC R/O. D.NO.41-20/5-36, ORSE VENKATAIAH STREET, RINTERS ROAD, KRISHNALANKA, VIJAYAWADA URBAN, KRISHNA DISTRICT-520 013. NANDHYALA LALITHA KUMARI, W/O. PRABHAKAR,AGE 38 YEARS, OCC HOUSE WIFE, R/O. D.NO.41-20/5-36, ORSE VENKATAIAH STREET, KALPANA PRINTERS ROAD, KRISHNALANKA, VIJAYAWADA URBAN, KRISHNA DISTRICT - 520 013. BANALA JAKRAIAH, S/O. B.GURAVAIH, AGE 33 YEARS, OCC COOLIE,R/O. D.NO.41-20/5-36, ORSE VENKATAIAH STREET, KALPANA PRINTERS ROAD, KRISHNALANKA, VIJAYAWADA URBAN, KRISHNA DISTRICT - 520 013. ...PETITIONER/ACCUSED(S) AND ANITHA, W/O. B.PREM KUMAR, AGED 32YEARS, R/O. IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM BANALA PREM KUMAR, S/O. B.GURAVAIH,AGE 34 YEARS, OCC ORSE VENKATAIAH STREET, KALPANA PRINTERS ROAD,KRISHNALANKA, VIJAYAWADA BANALA RAMANA, W/O. B.GURAVIAH.AGE 51 YEARS, OCC HOUSE ORSE VENKATAIAH STREET, KRISHNALANKA, VIJAYAWADA AGE 58 YEARS, OCC ORSE VENKATAIAH STREET, KRISHNALANKA, VIJAYAWADA NANDHYALA LALITHA KUMARI, W/O. PRABHAKAR,AGE 38 YEARS, ORSE VENKATAIAH KRISHNALANKA, AGE 33 YEARS, OCC ORSE VENKATAIAH STREET, KRISHNALANKA, VIJAYAWADA ...PETITIONER/ACCUSED(S) AGED 32YEARS, R/O. 2 MRK,J Crl.P.No.7837 of 2026 D.NO. 12-3-137/1, SAGAR ROAD, MACHERLA TOWN AND MANDAL, PALANADU DISTRICT, A.P - 522 426. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...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 proceedings against the petitioners/accused No. 1 to 5 in C.C.No.15 of 2022 on the file of Addl. Junior Civil Judge, Macherla which arose out of Cr.No.103/2020 of Macherla Town Police Station, Macherla District and to pass Counsel for the Petitioner/accused(S): 1. VAJJA CHETHAN KUMAR REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 MRK,J Crl.P.No.7837 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 to A5), seeking to quash the proceedings in C.C.No.15 of 2022 on the file of the Additional Junior Civil Judge, Macherla, wherein they were charged with the offences punishable under Section 498-A read with Section 34 of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioners and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.2-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 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 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 herein (A1 to A5), before the trial Court, he has not opposed the same. 4 MRK,J Crl.P.No.7837 of 2026 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. 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 to A5) before the Additional Junior Civil Judge, 12022 LiveLaw (SC) 594 5 MRK,J Crl.P.No.7837 of 2026 Macherla, in C.C.No.15 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 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: 08.09.2026 MDP