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CDJ 2026 APHC 1410 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 6591 of 2026
Judges: THE HONOURABLE MR. JUSTICE MAHESWARA RAO KUNCHEAM
Parties : Shaik Babji & Other Versus The State of Andhra Pradesh, Rep Its Public Prosecutor High Court of Andhra Pradesh Amaravati & Another
Appearing Advocates : For the Petitioner: P. Aditya Harsha Vardhan, Pillix Law Firm, Advocates. For the Respondent: Public Prosecutor.
Date of Judgment : 03-08-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhitha, 2023 - Section 528 -
Judgment :-

(Prayer: 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 Courtcall for the records and consequentially quash the proceedings initiated against the petitioners/Accused no. 1 to 5 in CC no. 703 of 2025 pending on the file of the Hon'ble ADDL.Judicial First Class Magistrate, Rayachoty, Annamaya District

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 dispense with filing of the original certified copy of CC no. 703 of 2025 on the file of Hon'ble ADDL.Judicial First Class Magistrate, Rayachoty, before this Hon’ble Court

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 grant stay of all proceedings including the presence of the petitioners/Accused no. 1 to 5 in CC no. 703 of 2025 pending on the file of the Hon'ble ADDL. Judicial First Class Magistrate, Rayachoty, Annamaya District)

1. Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A5), seeking to quash the charge sheet in C.C.No.230 of 2026 on the file of the Judicial Magistrate of First Class at Vinukonda, wherein they were charged with the offences punishable under Sections 85, 115(2) & 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

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 herein before the trial Court.

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.

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. However, considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, presence of petitioners herein (A4 & A5) before the Judicial Magistrate of First Class at Vinukonda, in C.C.No.230 of 2026 is dispensed with, except on those dates when the learned Judge feels that their presence is necessary.

7. Accordingly, the Criminal Petition is disposed of.

8. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court.

As a sequel, Interlocutory Applications pending, if any, shall stand closed.
 
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