CRLP/7850/2026 of K V Goutham Raj Vs The State of Andhra Pradesh on 7 September 2026

1. K V GOUTHAM RAJ, YEARS.PRESENTLY R/O.D.NO.18-159/19-4 CHITTOOR DISTRICT

2. KV JAGANNADHA R YEARS. RETIRED TE KUPPAM, CHITTOOR

3. P USHA RANI, W/O YEARS RETIRED TE KUPPAM, CHITTOOR

4. KV HARSHITHA RAO YEARS.PRESENTLY R/O. SITE NO. 10, G MAIN ROAD, NRI LA 560016, KARNATAKA

1. THE STATE OF A PROSECUTOR, HIG GUNTUR DISTRICT.

2. PN SUSHMA, W/O. K R/O. D.NO.12-215, PI HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE 8th DAY OF SEPTEMBER 2026 PRESENT RI JUSTICE MAHESWARA RAO KUNC NAL PETITION NO: 7850/2026 S/O. K.V. JAGANNADHA RAO, AGED A EMPLOYED AND RESIDING AT BEN 4, T.B. ROAD, KUPPAM POST T, ANDHRA PRADESH. RAO, S/O. K. NARENDRA, HINDU, A EACHER, R/O. D.NO. 18-159/19-4, T. R DISTRICT, ANDHRA PRADESH. O. K.V. JAGANNADHA RAO, AGED A EACHER, R/O. D.NO. 18-159/19-4, T. R DISTRICT, ANDHRA PRADESH. O, W/O. B. KISHORE KUMAR, AGED A EMPLOYED AND RESIDING AT BEN G03, GROUND FLOOR, BADRAS PARA AYOUT, RAMAMURTHYNAGAR, BENG A. ...PETITIONER/ACC AND ANDHRA PRADESH, REP. BY ITS H COURT OF A.P., NELAPADU, AM K.V. GOUTHAM RAJ, AGED ABOUT 3 LLAYAR KOVIL STREET, CHITTOOR-5

CHEAM ABOUT 33 NGALURU MANDAL, ABOUT 60 .B. ROAD, ABOUT 60 B. ROAD, ABOUT 29 NGALURU, ADISE5TH GALURU - CUSED(S) S PUBLIC MARAVATI, 30 YEARS, 517 001.

MRK,J Crl.P.No.7850 of 2026

...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 pleased to quash the proceedings in D.V.C.No.6 of 2026 on the file of the Hon'ble III Additional Judicial Magistrate of I Class, Chittoor and 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 to stay all further proceedings, including personal appearance of the Petitioners, in D.V.C.No.6 of 2026 on the file of the Hon’ble III Additional Judicial Magistrate of I Class, Chittoor, and pass Counsel for the Petitioner/accused(S):

1. KANDERI CHETHAN Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

MRK,J Crl.P.No.7850 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/respondent Nos.1 to 4 therein, seeking to quash the proceedings in D.V.C.No.6 of 2026 on the file of the III Additional Judicial Magistrate of First Class, Chittoor.

2. Heard learned counsel for the petitioners and Mr. K.Sandeep, 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 herein 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, 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.7850 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. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005.

12022 LiveLaw (SC) 594 22025 Live Law (SC) 240

MRK,J Crl.P.No.7850 of 2026

8. 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/respondent Nos.1 to 4 before the III Additional Judicial Magistrate of First Class, Chittoor, in D.V.C.No.6 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.

9. Accordingly, the Criminal Petition is disposed of.

10. 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: 08.09.2026 MDP