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2025 DAILYLAW 10981 (AP)

Jagannadham v. The State ofA.P.

CRLRC/330/2025 · 2025-07-01

K Sreenivasa Reddy

body2025

Judgment text

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- g APHC010125772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY C TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 330 OF 2025 Revision filed under Section 397 & 401 of Cr.P.C. against the order dated 20-01-2025 made in CrI.M.P. No. 188 of 2025 in C.C.No. 6156 of 2018 on the file of Chief Metropolitan Magistrate: At Vijayawada. Between: Jagannadham, S/o. SubbaRao Rao Aged about 45 Railway Employee District. years, Occ- Vijayawada, Krishna R/o.Ajith Singh Nagar, ...Petitioner/Accused/Petitioner AND 1. The State of A.P., Rep. By its Public Prosecutor Amaravathi. High Court at ...Respondent/Respondent 2. Vinukonda MalaKondaiah, S/o.Konadiah, R/o.D.No. 1-4-283/1, Bhavani puram Vijayawada, Krishna District. Aged about 54 years ...Respondent/Complainant/Respondent lA NO: 1 OF 2025 Petition under Section 397 (1) r/w 482 of Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the orders dated 20-01-2025 made in dfl.M;P. No. 188 of 2025 in C.C.No; 6156 of 2018 on the file of the Chief Metropolitan Magistrate: At Vijayawada, Krishna District pending disposal of the Criminal Revision Case. Counsel for the Petitioner: Smt. Sujatha Mulakaluri Counsel for the Respondent No.1: Public Prosecutor Counsel for the Respondent No.2; None Appeared The Court made the following order: 1 APHC010125772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 330/2025 Between: Jagannadham ...PETITIONER AND The State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SUJATHAMULAKALURI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following Order: 1. The Criminal Revision case is filed aggrieved by the order dated 20.01.2025 passed in Crl.M.P.No.188 of 2025 in C.C.No.6156 of 2018 on the file of the Chief Metropolitan Magistrate, Vijayawada. 2. Heard the learned counsel for the petitioner. 3. The petitioner is the accused in C.C.No.6156 of 2018 on the file of the Chief Metropolitan Magistrate, Vijayawada. Originally, a private complaint has been filed as against the petitioner for the offences punishable under Sections 138 and 142 of N.I.Act. During the course of proceedings, in view of non-appearance of the accused, non bailable warrant was issued as against the petitioner herein. Thereafter, the petitioner has filed Crl.M.P.No.188 of 2025 in C.C.No.6165 of 2018 seeking recall of N.B.W. 4. By an order, dated 20.01.2025, learned Magistrate dismissed the petition on the ground that there was no sufficient cause explained by the petitioner for his absence during the trial. 5. Learned counsel appearing on behalf of the petitioner submits that the petitioner underwent treatment because of an accidental fall in his bath room and due to which reason, he failed to appear before the trial court. 6. However, irrespective of the plea taken by the petitioner herein, and considering the fact that the trial has reached its final stage, this Court deems it fit and appropriate to pass the following order; (i) Thdt the petitioner shaii surrender before the court concerned within a period of two (02) weeks from the date of receipt of the order and make an application for recalling of N.B.W. On such application, learned Magistrate is directed to consider the application on certain terms and conditions, on the same day. (ii) ■ % 3 With the above directions, the Criminal Revision Case is 7. disposed of. Miscellaneous petitions, if any, pending, shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Chief Metropolitan Magistrate^ Vijayawada, Krishna District. One CC to Sri Sujatha Mulakaluri Advocate [OPUC] Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Two CD Copies 1. 2. 3. 4. SAM sree .X HIGH COURT DATED:02/07/2025 ORDER CRLRC No. 330 of 2025 JUL 2025 V^NQyfTont '■''^SSCfllSSSS/ DISPOSING OF THE CRLRC