APHC010467092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7810/2026 Between: 1. KODI VENKATA SUBBARAO, ACCUSEDS/O. LATE KODI SATYANARAYANA MURTHY,AGED ABOUT 70 YEARS, OCC BUSINESS,R/O D.NO. 33-2-1, ACHUGATTAPALEM, PALAKOLU,PALAKOL MANDAL, BHIMAVARAM DISTRICT,WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. DANGETI BALA YOGI NAGA SATYANARAYANA, S/O. VENKATA REDDY, AGED ABOUT 74 YEARS,R/O. SIVALAYAM STREET, VARIDHANAM POST,VARIDHANAM,WEST GODAVARI DISTRICT, A.P - 534260.CELL NO. 8814223354. ...RESPONDENT/COMPLAINANT(S): 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 C.C.No. 98 of 2026 on 2 the file of the Hon'ble Additional Civil judge (Junior Division) cum Judicial First-Class Magistrate, Narasapuram of West Godavari District, against the petitioner/Accused in crime registered as FIR No. 105 of 2024 on the file of Narasapuram Town Police Station, West Godavari District and to 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 the filing of eertified eopy of Charge Sheet in C.C. No. 98 of 2026 on the file of the learned Additional Junior Civil Judge- cum-Judicial Magistrate of First Class, Narasapuram, West Godavari District, and accept photostat copy of the same in the quash petition for the time being 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 in C.C.No. 98 of 2026 on the file of the Hon'ble Additional Civil judge (Junior Division) cum Judicial First-Class Magistrate, Narasapuram of West Godavari District, including appearance of the Petitioner and pass Counsel for the Petitioner/accused: 1. MALLELA MALI Counsel for the Respondent/complainant(S): 1. MALLELA MALI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No: 7810 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner herein, seeking to quash the proceedings in CC No.98 of 2026 on the file of the learned Additional Junior Civil Judge (Junior Division) -cum-Judicial First-Class Magistrate, Narsapuram, West Godavari District, for the offences punishable under Sections 420, 468 and 471 of IPC. 2. Heard learned counsel for the petitioners and 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 before the trial Court by submitting petitioner’s practical constraints in attending before the trial Court and states that petitioner shall not dispute his 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 4 the petitioner 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 petitioner, 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 1 2022 LiveLaw (SC) 594 5 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 petitioner herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioner (Accused) before the learned Additional Junior Civil Judge (Junior Division)-cum-Judicial First-Class Magistrate, Narsapuram, West Godavari District, in CC No.98 of 2026 is hereby dispensed with, except on those dates when the learned trial Court feels that his 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 petitioner is at liberty to raise all the grounds before the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 07.09.2026 vnb 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7810 of 2026 Date: 07.09.2026 vnb