1 APHC010470932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7907/2026 Between: 1. PANKU HAREESH, SON OF HAZARATHAIAH, AGED ABOUT 33 YEARS, PRIVATE EMPLOYMENT,PATHANAPURAM, KALIGIRI MANDAL, SPSR NELLORE DISTRICT. 524234. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P,AMARAVATI, GUNTUR DISTRICT THROUGH STATION HOUSE OFFICER, KONDAPURAM POLICE STATION,SPSR NELLORE DISTRICT.524239. 2. PANKU BHARATI, WIFE OF HAREESH, AGED ABOUT 32 YEARS. THAMIDIPADUVILLAGE,VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 524228. ...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 call for the records pertains to C.C.No.75 of 2023 on the file of Judicial Magistrate of First Class cum Junior Civil Judge, Udayagiri and quash the same on the grounds of abuse of process of law and quash the cognizance taken against Petitioners/A3 85 A2 respectively herein 2 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 the filing of certified copy in C.C.No.75 of 2023 on the file of Judicial Magistrate of First Class cum Junior Civil Judge, Udayagiri at presence since and may such other order or orders as deem fit and proper in the circumstances of the case. 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 to stay of all further proceedings in connection with C.C.No.75 of 2023 on the file of Judicial Magistrate of First Class cum Junior Civil Judge, Udayagiri including on each and every occasion by way of personal appearance of the petitioner herein, pending disposal the above said quash petition Counsel for the Petitioner/accused: 1. V SURENDRA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7907 of 2026 ORDER:- Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioner herein (A1), seeking to quash the proceedings in CC No.75 of 2023 on the file of Judicial Magistrate of First Class-cum-Junior Civil Judge, Udayagiri for the offences punishable under Section 498-A of the Indian Penal Code, 1860 and Section 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioner, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner (A1) 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 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. 4 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 petitioner 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. 12022 LiveLaw (SC) 594 5 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 petitioner, presence of petitioner herein (A1) before the Judicial Magistrate of First Class-cum-Junior Civil Judge, Udayagiri, in C.C.No.75 of 2023 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 petitioner 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. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 09.09.2026 RMR 6 65 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7907 of 2026 09.09.2026 W RMR