IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5945 OF 2025 Between: B.Ganesh Kumar, S/o B.Sivarama Krishna Prasad, Aged about 40 Years, Hindu, Business, R/o D.No.3/686, Sairam Colony, Puttaparthy Village and Mandal, Sri Sathya Sai District (Previously Anantapur District). ...Petitioner/Accused AND 1. The State of Andhra Pradesh,Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. A.Bhaskhar Naidu, S/o Venkata Ramanappa, Hindu, Cultivation and Business R/o Kothacheruvu Village and Mandal, Sri Sathya Sai District (Previously Anantapur District). ...Respondent/Complainant Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 R/w 70(2) 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 docket order passed by the Learned Judicial Magistrate of 1 St Class, Puttaparthi in Cr.M.P.No.592 of 2024 in C.C.No.667 of 2018 dated 09.06.2025 and recall the Non Bailable Warrant that was issued against the Petitioner on 11.12.2023. I.A. 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 to grant stay of all further proceedings in furtherance of the Non Bailable Warrant that is issued against the Petitioner On 11.12.2023, pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vivekananda Virupaksha, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1. The Court made the following order: APHC010284792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5945/2025 Between: B.ganesh Kumar, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. VIVEKANANDA VIRUPAKSHA Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR The Court made the following: y^\ ORDER:- The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.592 of 2024 in C.C.No.667 of 2018 by the learned Judicial Magistrate of First Class, Puttaparthi. The petitioner is facing trial in C.C.No.667 of 2018 for the alleged offence under Section 138 of the Negotiable Instruments Act. It is submitted that the petitioner filed a petition for recall of the Non-Bailable Warrant vide Crl.M.P.No.592 of 2024. It is further submitted that the learned Magistrate dismissed the said petition vide order dated 09.06.2025. 2. It is submitted that the petitioner’s wife was in the terminal stage and was suffering from cancer. It is also submitted that the petitioner’s wife passed away due to ill-health, and thereafter the petitioner’s daughter also suffered emotionally on account of her mother passing away and during that point of time, the petitioner’s daughter also delivered a girl child. It is further submitted that the petitioner’s counsel representing the petitioner before the trial Court had passed away and was not aware of the issuance of the Non-Bailable Warrant. However, the petitioner, after coming to know of the pendency of the warrant, has filed a petition seeking recall of the Non-Bailable Warrant issued against the petitioner on It. 12.2023. The said petition was dismissed. 3. The learned counsel for the petitioner submits that the petitioner has submitted the relevant medical records relating to his wife. It is submitted that the petitioner is willing to co-operate with the trial Court for early disposal of C.C.No.667 of 2018. 3 4. Considering the submissions, and after hearing the learned Assistant Public Prosecutor, and also taking into account that the above said C.C. is of the year 2018, one more opportunity is given to the petitioner to appear and file a fresh petition under Section 70(2) of Cr.P.C., seeking recall of the Non-Bailable Warrant issued against him. The learned Magistrate shall recall the warrant the same day by imposing necessary conditions for early disposal of C.C.No.667of2018. on 5. With these observations, this Criminal Petition is disposed off. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/-K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of 1®* Class, Puttaparthi, Ananthapur 2. One CC to Sri Vivekananda Virupaksha, Advocate [OPUC] 3. Two CCs to the Pubiio Prosecutor, High Court of Andhra Pradesh Amaravathi [OUT] 4. Two CD Copies Stu RAM District. at HIGH COURT DATED:18/06/2025 ORDER CRLP.No.5945 of 2025 5 20 SEP 2025 I ^ Current section ^J^espATC^lS^ DISPOSING OF THE CRIMINAL PETITION