CRLP/7658/2026 of Yarabala Sarath Vs The State of Andhra Pradesh on 2 September 2026

1. YARABALA SARATH R/O. D. NO. 14-14- GAJUWAKA, VISAKH

2. YARABALA SARADA YEARS, R/O. D. NO GAJUWAKA 50 WARD

3. RADHIKA, W/O SIRIG R/O. D. NO.

GAJUWAKA

W PRESENTLY RESIDI TAMPA, FL 33647-262

1. THE STATE OF A PUBLIC PROSECUTO

2. SMT YARABALA MA ABOUT 38 YEARS, R RURAL, NTR DISTRIC

Petition under Section circumstances stated in the High Court to quash the C.C.No.3279 of 2026 on the HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE 3rd DAY OF SEPTEMBER 2026 PRESENT RI JUSTICE MAHESWARA RAO KUNC NAL PETITION NO: 7658/2026 , S/O. TATHA RAO, AGED ABOUT 4 -18/1, BABUJI COLONY, NEAR NAV HAPATAM. A, D/O. SEELAM RAMA RAJU, AGED A O. 15-2-31, PEDAPALLIPALEM, GANG D, PEDAGANTYADA, VISAKHAPATAM GIRI. RAVI PRATAPU, AGED ABOUT 4 5-2-31, PEDAPALLIPALEM, GANG WARD, PEDAGANTYADA, VISAKH ING AT 17108 CARRINGTON PARK

29. ...PETITIONER/ACC AND NDHRA PRADESH, REPRESENTED OR, HIGH COURT OF A.P.AT AMARAV HALAKSHMI, W/O. YARABALA SARAT R/O. D. NO. 17-51, GOLLAPUDI, VIJA CT. ...RESPONDENT/COMPLA 482 of Cr.P.C and 528 of BNSS praying e Memorandum of Grounds of Criminal P Proceedings against the Petitioners/A e file of the Court of the Hon’ble IV Addi

CHEAM 0 YEARS, VALROAD, ABOUT 64 GAVARAM, M. 41 YEARS, GAVARAM, HAPATAM. APT 706 CUSED(S) D BY ITS VATHI. TH, AGED AYAWADA INANT(S): g that in the Petition, the AI to A3 in tional Chief

MRK,J Crl.P.No.7658 of 2026

Judicial Magistrate at Vijayawada which is registered for the alleged offences Under Section 85 of BNS, 2023 (corresponding to Section 498-A IPC), and Under Sections 3 & 4 of Dowry Prohibition Act, 1961 against the petitioners and accused No.1 to 3 and quash the same 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 grant stay all further proceedings in C.C.No.3279 of 2026 on the file of the Court of the Hon’ble IV Additional Chief Judicial Magistrate at Vijayawada including the appearance of the petitioners pending disposal of the present Quash petition Counsel for the Petitioner/accused(S):

1. RENU CHAKRAVARTHY KANADAM Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

MRK,J Crl.P.No.7658 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 (A1 to A3), seeking to quash the proceedings in C.C.No.3279 of 2026 on the file of the IV Additional Chief Judicial Magistrate at Vijayawada, wherein they were charged with the offences punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023 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-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 (A1 to 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

MRK,J Crl.P.No.7658 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 (A1 to A3) before the IV Additional Chief Judicial Magistrate at Vijayawada, in C.C.No.3279 of 2026 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is 1 2022 LiveLaw (SC) 594

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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, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J

Dated: 03.09.2026 MDP