::1:: APHC010054392024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 689 OF 2024 Between: 1. Kadavakollu Annapumamma,, W/o.Veeranjaneyulu, aged about 50 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. 2. Kadavakollu Veeranjaneyulu,, S/o.Venkateswara Rao, aged about 58 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. 3. Kadavakollu Mohan Durga,, D/o.Veeranjaneyulu, aged about 27 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. 4. Kadavakollu Mounika,, D/o. Veeranjaneyulu, aged about 23 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep.by its Public Prosecutor High Court of A.P at Amaravathi. ::2:: 2. Kadavakollu Suseela, W/o. Taraka Naga Sai Trinadha Rao, Aged about 31 years, R/o.D.No. 1-111(1-194) Jerripotiiulapalem Village, Chintagatta Post, Pendurthi, Visakhapatnam District City, Visakhapatnam District. ...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 Courtpleased to quash the proceedings against the Petitioner / Accused No.2 to 5 in CC.No.5316 of 2022 on the file of the Hon'ble I Addl.Chief Metropolitan Magistrate, Visakhapatnam and pass IA NO: 1 OF 2024 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 Pleased to stay all further proceedings in CC.No.5316 of 2022 on the file of the Hon'ble I Addl.Chief Metropolitan Magistrate, Visakinqiatiiam, pending disposal of the above criminal petition and pass Counsel for the Petitioners: KOGANTI NAGESWARA RAO Counsel for the Respondents: PUBLIC PROSECUTOR (AP) Counsel for the Respondents:VENKAT CHALASANI ::3:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 689 of 2024 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A2 to A5), seeking to quash the proceedings in C.C. No.5316 of 2022 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam, for the offences punishable under sections 498-A of the Indian Penal Code, 1860 and Section 4 of the Dowry Prohibition Act, 1961. 2. On 13.08.2026 there was no representation on either side. On 20.08.2026 there was no representation for petitioners. Today, though the matter is posted under the caption “for dismissal”, there is no representation for petitioners. Learned counsel for Respondent No.2 is present. 3. 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 ::4:: 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. 1 2022 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 (A2 to A5) before the I Additional Chief Metrlopolitan Magistrate, Visakhapatnam, in C.C.No.5316 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, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.09.2026 KRK ::6:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 221 CRIMINAL PETITION NO: 689 of 2024 03.09.2026 KRK