Andhra Pradesh High Court - Amravati
Desu Venkata Naga Lakshmi Kantam vs The State Of Andhra Pradesh on 16 March, 2026
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010469662023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3327]
(Special Original Jurisdiction)
MONDAY, THE SIXTEENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
CRIMINAL PETITION NO: 7033/2023
Between:
1. DESU VENKATA NAGA LAKSHMI KANTAM, W/O DESU
VENKATA RATNARAO, AGE. 61 YRS, RIO D.NO.9-61-3,
BRP ROAD, ISLAM PETA, VIJAYAWADA.
2. DESU VENKATA RATNARAO,, S/O SATYANARAYANA
MURTY, AGE. 68 YRS, RIO D.NO.9-61-3, BRP ROAD,
ISLAM PETA, VIJAYAWADA.
3. DESU VENKATA SIVA NAGA SATYANARAYANA,, S/O
VENKATA RATNARAO, AGE . 42 YRS, (CIVIL ASST.
SURGEON SPECIALIST ENT AP VAIDYA VIDHANA
PARISHAD), RIO D.NO.20-118-4A, SRI NILAYAM
APARTMENTS, GANDHI NAGAR, MACHILIPATNAM.
4. KOORMALA NAGA SATYA SRI,, W/O POORNA KUMAR,
AGE . ABOUT 40 YRS, C/O VENKIAH SETTY YADAV,
KLIAIRATABAD, HYDERABAD.
5. DESU SATYA SAI KRISHNA,, S/O VENKATA RATNARAO,
AGE . ABOUT 37 YRS, (WORKING IN AXIS BANK AT
HYDERABAD), R/O D.NO.7-276/36A, SUPRABATH NAGAR
COLONY, BALKAM PETA, HYDERABAD.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, THROUGH ITS
PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA
PRADESH, AMARAVATI.
2. DESU MRUNALINI, W/O DESU SATYA NAGA MAHESH,
AGED. 36 YEARS, R/O D.NO.36-1-1, WOOD PETA,
MOGHAL RAJPURAM, VIJAYAWADA.
...RESPONDENT/COMPLAINANT(S):
Petition under Section 437/438/439/482 of Cr.P.C and 528 of
BNSS praying that in the circumstances stated in the Memorandum
SRK, J
Crl.P.No.7033 of 2023
2
of Grounds of Criminal Petition, the High Court may be pleased to
grant stay of all further proceedings in CC No.2488/2023 on the file
of II Additional Chief Metropolitan Magistrate, Vijayawada, including
the appearance of the petitioners, pending disposal of the main
Criminal Petition and to pass such
IA NO: 1 OF 2023
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
Counsel for the Petitioner/accused(S):
1. K JYOTHI PRASAD
Counsel for the Respondent/complainant(S):
1. PADMANABHAM A
2. PUBLIC PROSECUTOR (AP)
The Court made the following:
SRK, J
Crl.P.No.7033 of 2023
3
ORDER
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of petitioners/ accused Nos.2 to 6, to quash the proceedings in Calendar Case No.2488 of 2023 against the petitioners/accused Nos.2 to 6 pending on the file of the II Additional Chief Metropolitan Magistrate Court, Vijayawada for the alleged offences punishable under Section 498A of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Learned counsel for the petitioners/accused Nos.2 to 6, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners/accused Nos.2 to 6 before the trial Court.
3. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made in the report filed by 2nd respondent/de facto complainant against the petitioners/accused Nos.2 to 6, 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.
4. Heard. Perused the record.
5. Since there are specific accusations that have been made as against the petitioners/accused Nos.2 to 6 in the petition, SRK, J Crl.P.No.7033 of 2023 4 which are all disputed questions of fact, truth or otherwise of the same can be decided during the course of trial. This Court, in a petition filed under Section 482 CrPC, would not be in a position to conduct a roving enquiry into the disputed questions of fact and quash the proceedings at this stage.
6. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners/accused Nos.2 to 6. However, presence of the petitioners/accused Nos.2 to 6 before the trial Court is dispensed with, except on those dates when the trial Court feels that their presence is necessary.
7. Accordingly, the Criminal Petition is disposed of.
8. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
JUSTICE K. SREENIVASA REDDY th 16 March, 2026.
DNB