::1:: APHC010468802026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7874 OF 2026 Between: 1. Sunku Manoj Kumar, S/o Sunku Madhusudhan Gupta,Aged about 30 years,R/o Kalluru Village,Gardladinne Mandal,Ananthapuramu Distrit 2. Sunku Sreedevi, W/o Sunku Madhusudhan Gupta,Aged about 56 years,R/o Kalluru Village,Gardladinne Mandal.Ananthapuramu District. 3. Sunku Mounika,, W/o J. Rajesh,Aged about 34 years,R/o Teachers Colony, Pamidi Town,Ananthapuramu District. 4. J Rajesh, S/o J. Ramakrishna,Aged about 40 years,R/o Teachers Colony, Pamidi Town,Ananthapuramu District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of AndhraPradesh,Amaravati. ::2:: 2. Emmadi Shanmukhi Priya, W/o Sunku Manoj Kumar,R/o D.No.13/165, Anjali Nagar,Guntakal Town and Mandal,Ananthapuramu 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 call for the records and consequently quash the proceedings in C.C.No. 344 of 2025 on the file of Judicial First Class Magistrate, Guntakal, as against the Petitioners/Accused no. 1 to 4 and pass such other order or orders may deem fit and proper in the circumstances of the case, 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 pleased to dispense with filing of the original certified copy of CC 344/2025, dated on the file of Judicial First Class Magistrate, Guntakal 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 pleased to grant stay of all further proceedings including the appearance of the Petitioners/Accused no. 1 to 4 in C.C.No. 344 of 2025 on the file of Judicial First Class Magistrate, Guntakal, and pass Counsel for the Petitioners: P ADITYA HARSHA VARDHAN, PILLIX LAW FIRM Counsel for the Respondents: PUBLIC PROSECUTOR ::3:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No.7874 of 2026 This 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 A4), seeking to quash the proceedings in C.C. No.344 of 2025 on the file of Judicial First Class Magistrate, Guntakal, for offences registered under sections 85, 115(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 nad Sections 3 and 4 of Dowry Prohibition Act, 1961. 2. Heard learned counsel for petitioners and Sri K. Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners (A1 to A4) 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:: 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 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 1 2022 LiveLaw (SC) 594 ::5:: 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 A4) before the Judicial First Class Magistrate, Guntakal, in C.C.No.344 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: 08.09.2026 KRK ::6:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7874 of 2026 08.09.2026 KRK