CRLP/7593/2026 of Jalapati Pradeep Kumar Vs The State of Andhra Pradesh on 31 August 2026

1. JALAPATI PRADEEP 35 YEARS,R/O MIG COLONY, NANDIKO KURNOOL MANDAL A

2. KETHAVATH DURGA VALLABHAPURAM 522308, PRESENTLY COUNTY, AMMENPU

1. THE STATE OF A PROSECUTOR, HIG AMARAVATHI.

2. GUDAVALLI MOSES 48 YEARS YSR GA ANDHRA PRADESH.

Petition under Section circumstances stated in the High Court pleased to quas Judge: Pithapuram, agains herein, for the alleged offe pass 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: 7593/2026 P KUMAR, S/O LATE DEVADAS, AGE G-1, PHASE -3, NEW AP HOUSING OTKUR ROAD, JOHARAPURAM AND DISTRICT. A PRASAD, S/O K. SRINIVASA RAO,H. VILLAGE, KOLLIPARA MANDAL, Y RESIDING AT PLOT NO. 107, UR, SANGAREDDY DISTRICT, TELANA ...PETITIONER/ACC AND ANDHRA PRADESH, REP. BY ITS GH COURT OF ANDHRA PRAD KUMAR, S/O VENKATARATNAM, AGE ARDEN, PITHAPURAM, KAKINADA D ...RESPONDENT/COMPLA 482 of Cr.P.C and 528 of BNSS praying e Memorandum of Grounds of Criminal P sh the C.C.No.75/2026 On The File Of st the Accused 4 and 5, i.e., petitione ences, under sections 329(4) & 351(2)

CHEAM ED ABOUT G BOARD VILLAGE, NO 12-55, GUNTUR- RUPASRI AGANA CUSED(S) S PUBLIC DESH AT ED ABOUT DISTRICT, INANT(S): g that in the Petition, the Junior Civil rs 1 and 2 ) BNS, and

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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 certified copies of the Charge sheet in C.C No.75/2026 On The File Of Junior Civil Judge: Pithapuram against the Accused 4 and 5 / petitioner 1 and 2 for the alleged offences punishable under sections 329(4) & 351(2) BNS and/or 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 grant stay of ail further proceedings in C.C No.75/2026 On The File Of Junior Civil Judge: Pithapuram, including dispense with personal appearance against the Accused 4 and 5 / petitioner 1 and 2 and pass Counsel for the Petitioner/accused(S):

1. GANTA EDIGA RAKESH GOUD Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

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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 (A4 & A5), seeking to quash the proceedings in C.C.No.75 of 2026 on the file of the Junior Civil Judge, Pithapuram, wherein they were charged with the offences punishable under Sections 318(4), 329(4) & 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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 (A4 & A5) 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

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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 (A4 & A5) before the Junior Civil Judge, Pithapuram, in C.C.No.75 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 1 2022 LiveLaw (SC) 594

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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