Andhra Pradesh High Court
CRLP/776/2024 of KOLAKALURI KALYAN KUMAR Vs THE STATE OF ANDHRA PRADESH on 18 August 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 19th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 776 OF 2024 Between: 1. KOLAKALURI KALYAN KUMAR, S/o Lokeswara Rao, Aged about 39 yrs, R/o D.No.12-46, SC Colony, Near Indhiragandhi
APHC010050202024
IN THE HIGH COURT OF ANDHRA
PRADESH
AT AMARAVATI
WEDNESDAY, THE 19th DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO
KUNCHEAM
CRIMINAL PETITION NO: 776 OF 2024
Between:
1. KOLAKALURI KALYAN KUMAR, S/o Lokeswara Rao, Aged about 39 yrs, R/o D.No.12-46, SC Colony, Near Indhiragandhi Statue, Mylurai Centre, Gollapudi, Vijayawada Rural.
2. Kolakaluri Anil Kumar,, S/o Lokeswara Rao, Aged about 45
yrs, R/o D.No.12-46, SC Colony, Near Indhiragandhi Statue, Mylurai Centre. Gollapudi, Vijayawada Rural.
3. Kolaakluri Kavitha,, W/o Anil Kumar, Aged about 38 yrs, R/o D,No.12- 46, SC Colony, Near Indhiragandhi Statue, Mylurai Centre, Gollapudi, Vijayawada Rural
4. Kolakaluri Subhashini,, W/o Lokeswara Rao, Aged about 62
yrs, R/o D.No.12-46, SC Colony. Near Indhiragandhi Statue, Mylurai Centre, Gollapudi, Vijayawada Rural.
...Petitioners
AND
1. THE STATE OF ANDHRA PRADESH, Represented by Public Prosecutor, High Court of Andhra Pradesh, Amaravathi.
2. Kolakaluri Santhipriya, W/o Kolakaluri Kaiyan Kumar, Aged about 33 yrs, R/o D.No.12-46, SC Colony, Near Indhiragandhi Statue, Mylurai Centre, Gollapudi, Vijayawada Rural. Presently residing at Keerthirayunigudem, Mylavaram Mandal, NTR District
...Respondents
Petition under Section 437/438/439/482 of Cr.P.C and 528
of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings against the petitioners/accused No. 1 to 4 in C.C.No.4472 of 2023 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada and pass IA NO: 1 OF 2024
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 pleased to dispense with the filing of the certified copy of the Charge Sheet in C.C.No.4472 of 2023 on the file of the IV
Additional Chief Metropolitan Magistrate, Vijayawada and pass IA NO: 2 OF 2024
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 pleased to stay all further proceedings including the appearance of the petitioners in C.C.No.4472 of 2023 on the file of the IV
Additional Chief Metropolitan Magistrate, Vijayawada, pending disposal of the main Criminal Petition, and pass Counsel for the Petitioners: B ASHOK KUMAR
Counsel for the Respondents: KAKUMANU JOJI AMRUTHA
RAJU
Counsel for the Respondents:PUBLIC PROSECUTOR (AP)
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 776 of 2024
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ORDER:
Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A1 to A4), seeking to quash the proceedings in C.C.No.4472 of 2023 on the file of the IV Additional Chief Metropolitan Magistrate, Vijayawada, for the offences punishable under Sections 498A and 506 IPC.
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 submits that pending the Criminal Petition, Petitioner No.4 (A4) passed away.
4. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioner Nos.1 to 3 (A1 to A3) before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court and states that petitioner Nos.1 to 3 (A1 to A3) shall not dispute their identity at a later stage of proceedings.
5. 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 petitioner Nos.1 to 3 (A1 to A3), before the trial Court, he has not opposed the same.
6. 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.
7. 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 1 2022 LiveLaw (SC) 594
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.
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 the petitioner Nos.1 to 3 (A1 to A3) before the learned IV Additional Chief Metropolitan Magistrate, Vijayawada, in DVC No.28 of 2023 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 petitioner Nos.1 to 3 (A1 to A3) 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 insofar as petitioner Nos.1 to 3 (A1 to A3) and dismissed as abated insofar as petitioner No.4 (A4).
10. Needless to state that the petitioner Nos.1 to 3 (A1 to A3) are at liberty to raise all the grounds before the trial Court.
Interlocutory applications, if any, pending shall stand closed.
____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 19.08.2026 PSA
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 776 of 2024
Date: 19.08.2026 PSA