1 APHC010471972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7922/2026 Between: 1. BORIGARLA NAGARAJU, S/O. LATE. VENGAIAHAGED ABOUT 45 YEARS, ASST GENERAL MANAGER INJ.M. BAXI CO, AT VISAKHAPATNAM, R/O. FLAT NO.301, NAGAVALLI RESIDENCY APARTMENTSBESIDE BUDHA BHAVAN, SECTOR 7, MVPCOLONY,VISAKHAPATNAM 2. BORIGARLA LAKSHMI, W/O. LATE VENGAIAH,AGED ABOUT 65 YEARS, D. NO. 894, POLERAMMA STREET, VEGURU VILLAGE, KOVVUR MANDAL, NELLORE DISTRICT. 3. BORIGARLA NAGESWARA RAO, S/O. LATE. VENGAIAH,AGED ABOUT 46 YEARS, D. NO. 894, POLERAMMA STREET, VEGURU VILLAGE, KOVVUR MANDAL, NELLORE DISTRICT 4. BORIGARLA NANDINI, W/O. NAGESWARA RAO,AGED ABOUT 37 YEARS, D. NO. 894, POLERAMMA STREET, VEGURUVILLAGE, KOVVUR MANDAL, NELLORE DISTRICT. 5. BORIGARLA SUBBA RAO, S/O. LATE. VENGAIAH,AGED ABOUT 44 YEARS, D. NO. 894, POLERAMMA STREET, VEGURUVILLAGE, KOVVUR MANDAL, NELLORE DISTRICT. 6. BORIGARLA PRASANNA, W/O. SUBBA RAO,AGED ABOUT 40 YEARS, D. NO. 894, POLERAMMA STREET, VEGURUVILLAGE, KOVVUR MANDAL, NELLORE DISTRICT. ...PETITIONER/ACCUSED(S) 2 AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH,AT AMARAVATI. 2. BORIGARLA YAMINI ALIAS DONGALA YAMINI, W/O. BORIGARLA NAGARAJU,D/O. LATE.DONGALA NAGESWARA RAO,AGED ABOUT 36 YEARS,D.NO.2-14-175, MAHALAXMI NAGAR, SIHAMBALAGARUVU,PATTABHIPURAM, GUNTUR DISTRICT. ...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 to quash the entire proceedings in DVC No. 47 of 2026 on the file of the Special Judicial First- Class Magistrate for Mobile Court, Guntur against the Petitioners, 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 grant stay of all further proceedings including the appearance of the petitioners in DVC No.47 of 2026 on the file of the Special Judicial First Class Magistrate for Mobile Court, Guntur, pending disposal of this Criminal Petition Counsel for the Petitioner/accused(S): 1. MULLA SOHAIL SHAREEF Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7922 of 2026 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in DVC No.47 of 2026 on the file of the learned Special Judicial Magistrate of First Class for Mobile Court, Guntur, claiming reliefs under Section 12, 18, 19, 20, 22 & 23 of the Protection of Women from Domestic Violence Act, 2005. 2. Heard learned counsel for the petitioners and 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 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. 4 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 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. In Vishal Shah Vs. 7. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any 1 2022 LiveLaw (SC) 594 5 party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005. 8. 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 the petitioners herein (Respondent Nos.1 to 6) before the Special Judicial Magistrate of First Class for Mobile Court, Guntur, in DVC No.47 of 2026 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. 9. Accordingly, the Criminal Petition is disposed of. 10. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 10.09.2026 RMR 2 2025 Live Law (SC) 240 6 82 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7922 of 2026 10.09.2026 W RMR