APHC010468182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7851/2026 Between: 1. VELPULA GANGA RAJU, S/O LATE NAGAYYA,AGE, 54 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411 R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 2. VELPULA KUMAR RAJU, S/O PEDDA NAGESWARA RAO,AGE 37 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411. R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 3. VELPULA SUNDARAM, S/O YESURATNAM,AGE, 35 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 534411. 4. VELPULA SRINIVASA RAO, S/O NAGAIAH,AGE, 52 YEARS, OCC, NEWS REPORTER, PIN CODE 534411. R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 2 5. VELPULA VANAJA, S/O SRINIVASA RAO,AGE, 50 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411. R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 6. VELPULA RAJESH, S/O GANGA RAJU,AGE, 33 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411 R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411. 7. VELPULA RAMANA, S/O GANGA RAJU,AGE, 52 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411. R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 8. VELPULA LAZER, S/O YESOBU,AGE, 51 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 9. GEDDALA SATYANARAYANA, S/O CHINA ANJAIAH,AGE, 36 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411.R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA PRADESH.- 534411 10. ABBADASARI RAJESWARI, W/O SURESH,AGE, 30 YEARS, OCC, AGRICULTURE COOLIE, PIN CODE 534411.R/O AT EPIGUNTA VILLAGE,T.NARASAPURAM MANDAL, ELURU DISTRICT,AND STATE OF ANDHRA 3 PRADESH.- 534411 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY THE PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH, AMARAVATI. PIN CODE 522239 2. GODAVARTHI VIJAYA RAO, S/O ARJIYYA,AGE, 52 YEARS, OCC, ADVOCATE,R/O HNO 1-28, EPIGUNTA VILLAGE,T. NARASAPURAM MANDAL, ELURU DISTRICT. A P. PIN 534411. ...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 Courtto call for the records relating to and connected with proceedings in CC No 74 of 2026, on the file of The Hon’ble Civil Judge (Junior Division) Court at Chinthalapudi, Eluru District and State of Andhra Pradesh, and quash the same in so far as the Petitioners are concerned 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 dispense with filing of the certified copy of CC No 74 of 2026, on the file of The Hon’ble Civil Judge (Junior Division) Court at Chinthalapudi, Eluru District, and State of Andhra Pradesh, as made in CC No 74 of2026, Dated on 14/11/2025, for the present before this Hon’ble court IA NO: 2 OF 2026 4 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 grant stay of all further proceedings in CC No 74 of2026, on the file of The Hon’ble Civil Judge (Junior Division) Court at Chinthalapudi, Eluru District, pending disposal of the Quash Petition Counsel for the Petitioner/accused(S): 1. M CHALAPATHI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No: 7851 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 petitioners herein, seeking to quash the proceedings in CC No.74 of 2026 on the file of the learned Civil Judge (Junior Division) at Chinthalapudi, Eluru District, for the offences punishable under Sections 329(3), 324(4), 351(3) r/w 35 of Bharatiya Nyaya Sanhita, 2023. 2. 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 petitioners practical constraints in attending before the trial Court and states that petitioners shall not dispute their identity at a later stage of proceedings. 6 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 1 2022 LiveLaw (SC) 594 7 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 petitioner herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioner (Accused) before the learned Civil Judge (Junior Division) at Chinthalapudi, Eluru District, in CC No.74 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. 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. 8 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 08.09.2026 vnb 9 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7851 of 2026 Date: 08.09.2026 vnb