\ APHC010157212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SEVENTH DAY OF JUN^/i TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N o U m ti tn CRIMINAL PETITION No.3653 of 2025 Between: Sri. Ramakrishna Satyanarayana Vidap, S/o. Satyanarayana Vidap, aged about 49 years, Occ: Managing Director of Speed Dry Mix India Private Limited, Resident of Office at Flat No. B-903, Fortune Heights, Madinaguda, Chandanagar, Hyderabad- 500 050. ...Petitioner/Accused AND 1. The State of AP, Rep. by its Public Prosecutor, High Court of AP, at Amaravathi. ...Respondent 2. M/s VPR Minerals, Rep. by its Proprietor Batthula Venkateswarlu, S/o. Late B. Ramana Reddy, Aged 35 years, R/o. H.No. 143, Gotia Palem Village, Vadlapudi Post, Manubolu Mandal, Nellore District. (R-2 name wrongly typed as M/s. PR Minerals in the impugned order) ...Respondent/Complainant Petition under Section 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 Order dated 05-02-2025 passed in Crl.MP.No.24 of 2025 in CC.No.1101 of 2022 on the file of Additional Judicial Magistrate of I- Class, Gudur, consequently Recall the Non Bailable Warrant (NBW) issued against the Petitioner on 26-07-2024 in CC.No. 1101 of 2022 by the Adtjittonal Judicial Magistrate of l-Class, Gudur. 'V. ‘ < .0:1 OF 2025 I t . Petifion under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of execution of Non Bailable Warrant (NBW) issued against the Petitioner on 26-07-2024 in CC.No.1101 of 2022 on the file of Additional Judicial Magistrate of I- Class, Gudur, pending disposal of the main Criminal Petition. Counsel for the Petitioner : Sri Prakash Chakravarthy Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following Order: APHC010157212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] HP FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3653/2025 Between: 1.SRI. RAMAKRISHNA SATYANARAYANA VIDAP SATYANARAYANA VIDAP, AGED ABOUT 49 YEARS, OCC- MANAGING DIRECTOR OF SPEED DRY MIX INDIA PVT., LTD., RESIDENT OF OFFICE AT FLAT NO. B-903, FORTUNE HEIGHTS, MADINAGUDA, CHANDANAGAR, HYDERABAD-500 050. ...PETITIONER/ACCUSED S/0 AND 1.THE STATE OF AP, REP. BY ITS PUBLIC PROSECUTOR COURT OF AP, AT AMRAVATHI. 2.M/S VPR MINERALS, REP. BY ITS PROPREITOR BATTHULA VENKATESWARLU, YEARS, R/0. H.NO. 143, GOTIA PALEM VILLAGE POST, MANUBOLU MANDAL, NELLORE DISTRICT. (R-2 NAME WRONGLY TYPED AS M/S. PR MINERALS IN THE IMPUGNED ORDER) HIGH S/0. LATE B. RAMANA REDDY, AGED 35 VADLAPUDI ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Order dated 05-02-2025 passed in Crl.MP.No.24 of 2025 in CC.No.1101 of 2022 on the file of Additional Judicial Magistrate of I- Class, Gudur, consequently Recall the Non Bailable Warrant (NBW) issued against the Petitioner on 26-07-2024 in CC.No. 1101 of 2022 by 2 the Additional Judicial Magistrate of l-Class, Gudur, on any condition, in the interest of Justice, and to pas lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to grant stay of execution of Non Bailable Warrant (NBW) issued against the Petitioner on 26- 07-2024 in CC.No.1101 of 2022 on the file of Additional Judicial Magistrate of I- Class, Gudur, pending disposal of the main Criminal Petition, and pass Counsel for the Petitioner/accused: 1. PRAKASHCHAKRAVARTHY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order; Learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.24 of 2025 passed by Additional Judicial Magistrate of First Class, Gudur. It is submitted that the petitioner is facing trial in C.C.No.1101 of 2022 for alleged offence under Section N.l. Act. It is submitted that the petitioner could not appear before the trial Court as he was required to appear before Income Tax authorities, submitted that petition filed by him under Section 317 Cr.P.C for condoning his 138 of It is presence was rejected and Non-Bailable Warrant was issued on 19.09.2024. It is submitted that the petitioner has filed a petition under Section 70(2) Cr.P.C. seeking recall of the warrant. The learned Magistrate has dismissed the petition by giving detailed reasons as to why the warrant issued cannot be recalled. 2. As seen from the order, it is evident that the petitioner has not been appearing regularly before the trial Court and his plea that he able to appear on 16.01.2025 and 17.01.2025 due to his appearance before the Income Tax authorities was also doubted by the Court. Considering the pendency of C.C.No.1101 of 2022, this Court is inclined to dispose of the criminal petition, directing the petitioner to file a fresh petition under Section 70(2) Cr.P.C. and to appear in person before the learned Magistrate. On filing such petition, the learned Magistrate shall consider recalling the warrant on the same day and also impose conditions necessary for expeditious disposal of C.C.No.1101 of 2022. was not 3. 4 4. Accordingly, the Criminal Petition is disposed of. As a sequel, pending miscellaneous petitions, if any, shall stand 5. closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Additional Judicial Magistrate of First Class District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi[OUT] 3. One CC to Sri Prakash Chakravarthy, Advocate [OPUC] 4. Two CD Copies Gudur, SPSR Nellore Pradesh TK VNA HIGH COURT DATED:27/06/2025 ORDER CRLP No.3653 of 2025 DISPOSING OF THE CRIMINAL PETITION