CRLP/7563/2026 of Akula Ramakrishna Vs The State of Andhra Pradesh on 31 August 2026

1. AKULA RAMAKRISHN AGRICULTURE, R/O VILLAGE, KALLA MAN

2. KOLLI SRI RAMULU YEARS, OCC AGRIC DODDANAPUDI VIL DISTRICT

3. VELIVALA SURYAN MAHESWARA RAO, H.NO.5-20/3, KOMAT MANDAL, WEST GOD

1. THE STATE OF AN POLICE STATION, R OF AP AT AMARAVAT

2. PADAMATI RAMBAB OCC ASST. EXECUT AND MANDAL, WEST

Petition under Section circumstances stated in the High Court to quash the C HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE 1st DAY OF SEPTEMBER 2026 PRESENT RI JUSTICE MAHESWARA RAO KUNC NAL PETITION NO: 7563/2026 NA, S/O. VARADA RAJU, AGED 38 YEA . H.NO. 5-230/1, MAIN ROAD, DODD NDAL, WEST GODAVARI DISTRICT. , S/O. MARESWARA RAO MARIYYA CULTURE, R/O. H.NO.5-74, KOMATI LAGE, KALLA MANDAL, WEST G NARAYANA ALIAS SURIBABU, S AGED 48 YEARS, OCC AGRICULTU TI STREET, DODDANAPUDI VILLAG DAVARI DISTRICT. ...PETITIONER/ACC AND NDHRA PRADESH, THROUGH S.H.O REP. BY PUBLIC PROSECUTOR, HIG TI. U, S/O. VENKATA RATNAM, AGED 5 TIVE ENGINEER, OPERATION KALLA T GODAVARI DISTRICT. - 534237 ...RESPONDENT/COMPLA 482 of Cr.P.C and 528 of BNSS praying e Memorandum of Grounds of Criminal P CC No.285 of 2025 on the file of Cou

CHEAM ARS, OCC DANAPUDI ,AGED 62 STREET, GODAVARI S/O UMA URE, R/O. E, KALLA CUSED(S) O. KALLA H COURT 50 YEARS, A VILLAGE INANT(S): g that in the Petition, the urt of the I

MRK,J Crl.P.No.7563 of 2026

Additional Junior Civil Judge-Cum-Judicial First Class Magistrate, Bhimavaram against the Petitioners/A2 to A4 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 certified copy of Charge sheet in CC No. 285 of 2025 on the file of Court of the I Additional Junior Civil Judge -Cum- Judicial First Class Magistrate, Bhimavaram 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 stay of all further proceedings including the appearance of the Petitioners/A2 to A4 in the CC No. 285 of 2025 on the file of Court of the I Additional Junior Civil Judge -Cum- Judicial First Class Magistrate, Bhimavaram Counsel for the Petitioner/accused(S):

1. RAMBABU KOPPINEEDI Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

MRK,J Crl.P.No.7563 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.285 of 2025 on the file of the I Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Bhimavaram, wherein they were charged with the offences punishable under Sections 427 & 506 read with Section 34 of the Indian Penal Code, 1860, Section 3 of the Prevention of Damage to Public Property Act, 1984 and Section 155(3) of the Code of Criminal Procedure, 1973.

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 (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, before the trial Court, he has not opposed the same.

MRK,J Crl.P.No.7563 of 2026

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.

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 I Additional Junior Civil Judge-cum- 1 2022 LiveLaw (SC) 594

MRK,J Crl.P.No.7563 of 2026

Judicial First Class Magistrate, Bhimavaram, in C.C.No.285 of 2025 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, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J

Dated: 01.09.2026 MDP