CRLP/8649/2026 of Beeram Sivarani alias Sivamma Vs The State of Andhra Pradesh on 28 September 2026

1. BEERAM SIVARANI ABOUT 61 YRS, DOO GUNTUR, GUNTUR.

2. DURGA ALIAS CHE AGED ABOUT 45 Y LINE ANANDPET,OLD

3. KARNESWARI AL SURENDRABABU A ANKAMMATHALLI T GUNTUR.

1. THE STATE OF AND POLICE, WOMEN PO

2. BHIRAKA REVATHI PAUL DANIEL AGED ANANADPET OLD GU Petition under Section circumstances stated in the High Court to quash the p learned I Additional Junior C HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE 29th DAY OF SEPTEMBER 2026 PRESENT RI JUSTICE MAHESWARA RAO KUNC NAL PETITION NO: 8649/2026 ALIAS SIVAMMA, W/O SUBBARA OR NO. 17-2-82, ZERO LINE, ANAND EKKA DURGA, A3 W/O SAMBASIVA YRS, R/O NEAR ANKAMMATHALLI T D GUNTUR GUNTUR. LIAS GANGULA KARNESWAR AGED ABOUT

YEARS R/O TEMPLE, U LINE ANANDPET, OLD ...PETITIONER/ACC AND DHRA PRADESH, REP.BY SUB INSPE OLICE STATION, GUNTUR URBAN ALIAS MYKA REVATHI, W/O RAMES D ABOUT 31 YEARSR/O 17-2-82 , ZE UNTUR GUNTUR ...RESPONDENT/COMPLA 482 of Cr.P.C and 528 of BNSS praying e Memorandum of Grounds of Criminal P proceedings in C.C.No.3230 of 2023 on Civil Judge, Guntur against the petitione

CHEAM AO, AGED PET, OLD SIVARAO, TEMPLE,U I, W/O O NEAR GUNTUR CUSED(S) ECTOR OF SH ALIAS ERO LINE INANT(S): g that in the Petition, the n the file of ers/accused

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No. 2 to 4 and to pass such other and further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. 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 the Order in C.C no. 3230./2023 dated on 23.03.2023 on the file of VI Additional Juniour Civil Judge; Guntur pending disposal of the case 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 to stay all further proceedings including the appearance of the Petitioners/Accused No. 2 to 4 in C.C.No.3230 of 2023 on the file of learned I Additional Junior Civil Judge, Guntur pending disposal of the main criminal petition and to pass Counsel for the Petitioner/accused(S):

1. KONDETI RANGA SRINIVAS

2. Kondeti Ranga Srinivas Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

MRK,J Crl.P.No.8649 of 2026

The Court made the following Order:

Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A2 to A4), seeking to quash the proceedings in C.C.No.3630 of 2023 on the file of the Court of VI Additional Junior Civil Judge, Guntur, wherein they were charged with the offences punishable under Section 498A of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

2. Heard learned counsel for the petitioners and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1.

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 (A2 to A4) 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. So far as dispensing with the presence of the petitioners herein, 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

MRK,J Crl.P.No.8649 of 2026

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. 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 petitioners herein (A2 to A4) before the VI Additional Junior Civil Judge, Guntur, in C.C.No.3630 of 2023 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In 12022 LiveLaw (SC) 594

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the event of failure of the petitioners to appear, when the trial Court specifically directs, this Order shall stand automatically revoked, without recourse to this Court.

8. Accordingly, the Criminal Petition is disposed of.

9. 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. ______________________________ MAHESWARA RAO KUNCHEAM, J

Dated: 29.09.2026 MDP