Andhra Pradesh High Court
CRLP/7706/2026 of Shaik Karimun Vs The State of Andhra Pradesh on 6 September 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 7706/2026 Between: 1. SHAIK KARIMUN, W/O. MAHABOOB BASHA, AGED 48 YEARS, OCC HOUSE
APHC010461212026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 7th DAY OF SEPTEMBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 7706/2026
Between:
1. SHAIK KARIMUN, W/O. MAHABOOB BASHA, AGED 48 YEARS, OCC
HOUSE WIFE,RIO. D.NO. 10-1061, KALUSHA STREET, CNT HALL, MARKAPUR TOWN DISTRICT.
2. SHAIK MAHABOOB BASHA ALIAS MAHABASHA, S/O. KALEASHA, AGED 54 YEARS, OCC RMP DOCTOR R/O. NO. 10-1061, KALUSHA
STREET, CNT HALL, MARKAPUR TOWN DISTRICT.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
PROSECUTOR,
HIGH
COURT
OF
ANDHRA
PRADESH
AT
AMARAVATI.
2. SHAIK KARISHMA, W/O. SHAIK TAJUDDIN UI HAQ AGED 28 YEARS, OCC HOUSE WIFE, R/O. NEAR VIJAYA TAKIES ROAD, 10T WARD, MARKAPUR, MARKAPUR DISTRICT- 523 316.
...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 entire proceedings in C.C. No. 440 of 2026 on the file of the court of Learned Additional Judicial Magistrate of First Class, Markapur and to 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 grant stay of all further proceedings including appearance of the petitioners in C.C. No. 440 of 2026 on the file of the court of Learned Additional Judicial Magistrate of First Class, Markapur, pending disposal of the main Criminal Petition and pass Counsel for the Petitioner/accused(S):
1. THARIGOPULA SURYA CHAITANYA
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
CRIMINAL PETITION NO: 7706 of 2026
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ORDER:-
Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A2 & A3), seeking to quash the proceedings in CC No.440 of 2026 on the file of Additional Judicial Magistrate of First Class, Markapur for the offences punishable under Section 85, 115(2), 351(2), 79 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 3 and 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.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 (A2 & A3) 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 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
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 & A3) before the Additional Judicial Magistrate of First Class, Markapur, in C.C.No.440 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 petitioners are 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: 07.09.2026 RMR
CRIMINAL PETITION NO: 7706 of 2026 07.09.2026
W RMR