Darapu Nookamma Vs The State of Andhra Pradesh

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APHC010360232026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction) WEDNESDAY, THE 15^th DAY OF JULY 2026 PRESENT

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[3504]

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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CRIMINAL PETITION NO: 5807/2026

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Between:

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DARAPU NOOKAMMA, W/O LATE GURAYYA, AGE 61YEARS, R/O MOOLAPETA VILLAGE, SANTABOMMALIMANDAL.SRIKAKULAM DISTRICT.

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DARAPPU KRISHNAMMA, D/O LATE GURAYYA, AGE 46YEARS, R/O MOOLAPETA VILLAGE, SANTABOMMALIMENDAL.SRIKAKULAM DISTRICT.

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DARAPU SARVANI, W/O KISTAMMA, AGE 40 YEARS,R/OMOOLAPETA VILLAGE, SANTABOMMALI MANDAL.SRIKAKULAMDISTRICT.

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DARAPPU APPALAREDDY, S/O LATE GURAYYA, AGE 38YEARS, MOOLAPETA VILLAGE, SANTABOMMALI MANDAL.SRIKAKULAM DISTRICT.

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DARAPU JOGAMMA, W/O APPALAREDDY, AGE 36 YEARS,R/O MOOLAPETA VILLAGE, SANTABORNMALI MANDAL.SRIKAKULAMDISTRICT

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DARAPU POTTAYYA, S/O LATE GURAYYA, AGE 37 YEARS,R/O MOOLAPETA VILLAGE, SANTABOMMALI MANDAL.SRIKAKULAMDISTRICT.

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DARAPU JYOTHI, W/O POTTAYYA, AGE 35 YEARS,R/OMOOLAPETA VILLAGE,DISTRICT.SANTABOMMALI MANDAL,SRIKAKULAM

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GINNI GARAMMA, W/O RAMARAO, AGE 36 YEARS,R/OMOOLAPETA VILLAGE, SANTABOMMALI MANDEL,SRIKAKULAMDISTRICT

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...PETITIONER/ACCUSED(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA

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2

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PRADESH, AMARAVATHI.PIN522239

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DARAPU MEENAKSHI, W/O BABURAO,AGED YEARS,R/OKONDI VEEDHI,BRAHMANA TRRIAVILLAGE,PALASA MANDAL ,SRIKAKULAM DISTRICT.

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...RESPONDENT/COMPLAINANT(S):

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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 Court may be pleased to quash the proceedings in CC No.386/2025, on the file of Judicial Magistrate of 1^st Class,Palasa ,Srikakulam District as against the Petitioners/Accused No.1 to 9 in the interest of Justice and pass such

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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 may be pleased to Stay of all further proceedings including appearance of the petitioners/Accused No.2 to 9 in CC No.386/2025, on the file of Judicial Magistrate of 1^st Class, Palasa, Srikakulam District pending disposal of the above criminal petition and pass such

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Counsel for the Petitioner/accused(S):

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1.M SAPTHAGIRI

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2.M. SAPTHAGIRI

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Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5807 of 2026

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The Court made the following Order:

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Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A2 to A9), seeking to quash the proceedings in CC No.386 of 2025 on the file of the learned Judicial First class Magistrate, Palasa, for the offence punishable under Section 85 of Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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

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Learned counsel for the petitioners submits that the petitioners herein are charged for the offence punishable under Section 85 of Bharatiya Nyaya Sanhitha, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, in CC No.386 of 2025 on the file of the learned Judicial First class Magistrate, Palasa.

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During the course of arguments, learned counsel for the petitioners restricted his prayer to the extent of dispensing with

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the personal appearance of petitioners herein in the CC proceedings before the trial Court.

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On the other hand, the learned Assistant Public Prosecutor submits that there are specific allegations against the petitioners herein and as such, he opposed the prayer of the petitioners.

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However, considering the submissions made by learned counsel for the petitioners as well as learned Assistant Public Prosecutor and after perusal of the entire material available on record, the presence of petitioners (Accused Nos.2 to 9) alone before the learned Judicial First class Magistrate, Palasa in CC No.386 of 2025 is hereby dispensed with, except on those dates when the learned Judge feels that their presence is necessary.

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7. Accordingly, the Criminal Petition is disposed of.

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Interlocutory applications, if any, pending shall stand

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closed.

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____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM

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Date: 15.07.2026 PSA

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