Telagathoti Sandya Vs The State of Andhra Pradesh

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. 2 to 4 in C.C.No.2 of 2026 on the file of HON’BLE JUDICIAL MAGISTRATE OF 1st CLASS:; SINGARAYAKONDA as they lack merits and substance and pass

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IA NO: 1 OF 2026

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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 leased to stay all further proceedings including the presence of the Petitioners/Accused No.2 to 4 in C.C.No.2 of 2026 on the file of HON’BLE JUDICIAL MAGISTRATE OF 1ST CLASS :: Singarayakonda pending disposal of the criminal petition and pass

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Counsel for the Petitioner/accused(S):

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1.CH NAGENDRA SARMA

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Counsel for the Respondent/complainant(S):

1.PUBLIC PROSECUTOR

2.M. SAPTHAGIRI

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4402 OF 2026

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The Court made the following O R D E R:

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Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 (BNSS), has been filed on behalf of the petitioners herein (A2 to A4), seeking to quash the charge sheet in C.C.No.2 of 2026 on the file of the Judicial Magistrate of First Class, Singarayakonda wherein they were charged for the offences punishable under Sections 115(2), 118(1), 351(3), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).

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2 . Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State.

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3. Learned counsel for the petitioners submits that the petitioners herein (A2 to A4) were charged with the offences punishable under Sections 115(2), 118(1), 351(3), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) on the file of the Judicial Magistrate of First Class, Singarayakonda.

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4. Learned counsel further submits that the allegations made against the petitioners (A2 to A4) are omnibus and devoid of specific over acts against each accused.

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5. Though multiple grounds are raised in the affidavit, during the course of arguments, the learned counsel for the petitioners restricted the prayer in the present petition to dispensing with the personal appearance of the petitioners in the proceedings in C.C. No.2 of 2026 before the trial Court.

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6. On the other hand, the learned Assistant Public Prosecutor fairly submits that the police filed charge-sheet against the petitioners under Sections 115(2), 118(1), 351(3), 79 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS) and the same was numbered as C.C.No.2 of 2026 on the file of the Judicial Magistrate of First Class, Singarayakonda.

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7. Considering the submissions made by learned counsel for the petitioners, and after perusal of the entire material available on record, the presence of petitioners herein (A2 to A4) before the Judicial Magistrate of First Class, Singarayakonda, in C.C.No.2 of 2026 is dispensed with, except

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on those dates when the learned Magistrate feels that their presence is necessary.

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8. Accordingly, the Criminal Petition is disposed of.

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As a sequel, Interlocutory Applications pending, if any,

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shall stand closed.

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______________________________ MAHESWARA RAO KUNCHEAM, J