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2025 DAILYLAW 11894 (AP)

KONAPUR MATHADA NAGARAJ v. THE STATE OF ANDHRA PRADESH

CRLP/3137/2025 · 2025-03-24

Harinath N

body2025

Judgment text

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APHC010138752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3137/2025 Between: Konapur Mathada Nagaraj ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. G RAMA GOPAL Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioners submitted that the petitioner is aggrieved by the order passed in Crl.M.P.No.90 of 2025 in C.C.No.25 of 2018. The petitioner sought relaxation of the condition imposed by the learned Special Judicial Magistrate of First Class for trial of cases and 2 A.P.Prohibition and Excise Act-cum-VIII Additional Civil Judge (Junior Division), Visakhapatnam in C.C.No.25 of 2018. 3. On 31.01.2025, the learned Magistrate having noticed the non- appearance of the petitioner before the trial Court continuously since 27.10.2023 and also recording the conduct of the petitioner in the Court, has directed the petitioner to appear before the Court on each and every adjournment without fail. Further, the petitioner was directed not to leave the jurisdiction of the Court until disposal of the case. It was further ordered that the petitioner has to appear on every Saturday until three months or until disposal of the case whichever is earlier. 4. The learned counsel for the petitioner submits that the petitioner sought for relaxation of the condition of appearing on every Saturday before the Court though the case is not posted. The learned Magistrate had modified the said order by partially relaxing the condition and directed the petitioner to attend before the Court on every first Saturday of the month. Seeking relaxation of appearing on every first Saturday though the matter is not listed in the Court, the petitioner filed Crl.M.P.No.90 of 2025 and sought relaxation the condition of appearing before the trial Court on first Saturday of every month. Aggrieved by the dismissal of the said petition, the present criminal petition is filed. 3 5. The learned counsel for the petitioner submits that the petitioner is resident of Bangalore and is willing to comply with all the directions imposed by the Court. The only difficulty the petitioner is facing in complying with the condition of appearing in the Court on first Saturday of every month though the case is not listed, is on account of he staying in Bangalore. It is also submitted that such appearance of the petitioner would also not contribute for proceeding of the case further in any manner. 6. Considering the submissions of learned counsel for the petitioner, this Court is inclined to modify the order passed by the learned Magistrate, the condition imposed of appearing on every first Saturday of the month stands modified. Rest of the conditions would continue. 7. With the above observations, the Criminal Petition is disposed of. No costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________ JUSTICE HARINATH.N BMS