Andhra Pradesh High Court
CRLP/4357/2026 of Shaik Mahaboob Subhani Vs The State of Andhra Pradesh on 16 August 2026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4357 OF 2026 Between: 1. Shaik Mahaboob Subhani, son of Saida, aged about 28 yearsoccupation private job. A1.All are
APHC010271442026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
MONDAY, THE 17th DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
CRIMINAL PETITION NO: 4357 OF 2026
Between:
1. Shaik Mahaboob Subhani, son of Saida, aged about 28 yearsoccupation private job. A1.All are residents of Muppalla village and mandal, Guntur District.
2. Shaik Saida, son of Hussain, 50 A2.years, occupation coolie All are residents of Muppalla village mandal, Guntur District.
3. Shaik Mahaboobi, wife of Saida, 42 years, occupation- homemaker, A3.All are residents of Muppalla village mandal, Guntur District.
4. Shaik Nagur Hussain, s/o Saida, 22 years, son of Saida, agedabout 28 years, occupation student,A4.All are residents of Muppalla village mandal, Guntur District.
...Petitioners
AND
1. The State of Andhra Pradesh, Midthur police station Repthrough its Public Prosecutor, High Court of A.P., Amaravati.
2. Shaik Rajiya, daughter of Mahaboob Subhani,aged about 24 years, occupation homemaker, a resident of Babapet, Narasaraopet town, Guntur 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 in C.C.No 1419 of 2025 on the file of the Honourable Court of the I Additional Civil Judge(Junior Division) Narasaraopet against the petitioners A1 to A4 herein and 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 pleased to dispense with filing of the certified copy of in C.C.No 1419 of 2025 dated 17/11/2025 on file of the Hon’ble Court of the I Additional Civil Judge (Junior Division) Narasaraopet before this Hon’ble Court and 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 Pleased to stay all further proceedings in C.C.No 1419 of 2025 dated 17/11/2025 on file of the Hon’ble Court of the I Additional Civil Judge (Junior Division) Narasaraopet against the petitioners A1 to A4
pending disposal of the Criminal Petition before this Hon'ble Court, and pass Counsel for the Petitioners: BASHEER AHMED
Counsel for the Respondents: SASANKA BHUVANAGIRI
Counsel for the Respondents: PUBLIC PROSECUTOR
CRIMINAL PETITION NO: 4357 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 (A1 to A4), seeking to quash the proceedings in C.C. No.1419 of 2025 on the file of the I Additional Civil Judge (Junior Division), Narasaraopet, for the offences under Section 85 of Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners and Sri 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 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.
1 2022 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 (A1 to A4) before the Court of I Additional Civil Judge (Junior Division), Narasaraopet, in C.C. No.1419 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, all pending applications shall stand closed.
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JUSTICE MAHESWARA RAO KUNCHEAM Date: 17.08.2026 KRK
CRIMINAL PETITION NO: 4357 of 2026 17.08.2026
KRK