KOLLU SIVA NAGENDRA RAO vs THE STATE OF ANDHRA PRADESH

APHC010070612023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y.

LAKSHMANA RAO CRIMINAL PETITION NO: 1141/2023 Between: 1.

KOLLU SIVA NAGENDRA RAO, S/O.

VENKATA NAGESWARA RAO, AGED ABOUT 33 YEARS, HYDERABAD.

NOW AT D.NO.1-55,BACK SIDE OF RAMALAYAM, KAPUTURU, MULAPARRU, BANTUMILLI MANDAL, KRISHNA DISTRICT 2.

DUNNA LAKSHMI DURGA,, W/O.

RAMESH, AGED ABOUT 28 YEARS, D.

NO 4-2A, RAMALAYAM ROAD, VEERAVALLI MOKASA, KADAVAKOLLU MANDAL, KRISHNA DISTRICT 3.

DUNNA RAMESH,, S/O.

RAM MOHAN RAO, AGED ABOUT 28 YEARS, D.

NO 4-2A, RAMALAYAM ROAD, VEERAVALLI MOKASA, KADAVAKOLLU MANDAL, KRISHNA DISTRICT ...PETITIONER/ACCUSED(S) AND 1.

THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT AT AMRAVATI, ANDHRA PRADESH 2.

KUREDDY KURETI SITHA RAMAIH, S/O.

VENKATESWARA RAO AGED ABOUT 50 YEARS, RESIDENT OF PUREDDY VARI PALEM, CHERUKUPALLI MANDAL, GUNTUR DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 2 Dr.

YLR, J Crl.P.No.1141 of 2023 Dated 05.03.2026 1.

S.V.S.S.SIVA RAM 2.

PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) seeking to quash the proceedings against the petitioners/Accused Nos.4 to 6 in P.R.C.No.54 of 2019 on the file of the learned II Additional Chief Metropolitan Magistrate at Vijayawada, (Cr.No.794 of 2018 of Krishlanka Police Station), registered for the offence punishable under Sections 302, 304-B, 498-A of the Indian Penal Code, 1860 (for brevity ‘the IPC’).

2.

Heard the learned counsel for the petitioners, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for respondent No.2. dent No.2.

Perused the record.

3.

As seen from the record, whether the petitioners/Accused Nos.4 to 6 have committed any offence punishable under Sections 302, 304-B and 498-A of ‘the IPC’ is the subject matter of trial.

There are certain factual aspects for which evidence is required to be produced by the prosecution.

As the petitioners are the relatives of Accused No.1, strong presumptions are there against the petitioners under Section 113-B of the Indian Evidence Act, 1872.

3 Dr.

YLR, J Crl.P.No.1141 of 2023 Dated 05.03.2026 At this juncture, this Court cannot conduct a mini trial while exercising jurisdiction under Section 482 of ‘the Cr.P.C.,’ determining whether any offence has been committed by the petitioners.

The prosecution witnesses have spoken in their statements under Section 161 of ‘the Cr.P.C.,’ against the petitioners also.

Hence, there are no merits in this Criminal Petition.

4.

In view of the above, the Criminal Petition is dismissed.

As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR.

Y.

LAKSHMANA RAO, J Date: 05.03.2026 RSI 4 Dr.

YLR, J Crl.P.No.1141 of 2023 Dated 05.03.2026 106 THE HONOURABLE DR JUSTICE Y.

LAKSHMANA RAO CRIMINAL PETITION No.1141 of 2023 Date: 05.03.2026 RSI