( AS APHC010287302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6021 OF 2025 & 6022 OF 2025 CRIMINAL PETITION NO: 6021 OF 2025 Between: V Bhanu Pradeep, S/o V. Meghanadam Naidu, Aged about 31 Years, R/o D.No.2-821/b, Kotha Cherlopalli, Cherlopalli, Chittoor District. ...Petitioner/Accused AND 1. N.Malleswaran, S/o. S. Nagappa, Aged about 46 years, Occ; Cultivation, R/o. KanchibandarlapailiVillage, PES Medical College Post, Gudupalli Mandal, Chittoor District. ...Complainant 2. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent Petition under Section 528 of BNSS r/w Section 72 (2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the order dated 05.03.2025 passed in Crl.M.P.No.23 of 2025 in C.C.No.404 of 2022 on the file of the Principal Judicial Magistrate of First Class, Kuppam and direct the learned Magistrate to recall the NBWs issued against the petitioner/accused on 08.05.2024 in CC.No.404 of 2022 on the file of the Principal Judicial Magistrate of First Class, Kuppam. J Counsel for the Petitioner: Sri D Puma Chandra Reddy, Advocate Counsel for Respondent No.2: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.1: -- -/ CRIMINAL PETITION NO: 6022 OF 2025 Between: V. Bhanu Pradeep, S/o V. Meghanadam Naidu, Aged about 31 yrs, R/o D.No.2-821/b, Kotha Cherlopalli, Cheriopalli, Chittoor District. ...Petitioner/ Accused AND 1. C. Naga Rani, D/o. Gangaiah, Aged about 37 years, Occ Employee, R/o. Santhinagar, Near GVE Kalyanamandapam, Kuppam Town, Chittoor District. ...Complainant 2. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...Respondent Petition under Section 528 of BNSS r/w Section 72 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to set aside the order dated 05.03.2025 passed in Crl.M.P.No.360 of 2025 in C.C.No.538 of 2022 on the file of the Principal Judicial Magistrate of First Class, Kuppam by recalling the NBW's issued against the petitioner/accused on 08.05.2024 in C.C.No.538 of 2022 on the file of the Principal Judicial Magistrate of First Class, Kuppam. Counsel for the Petitioner: Sri D Puma Chandra Reddy, Advocate Counsel for Respondent No.2: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.1: -- The court made the following orders: i 1 HNJ % CrI.P.Nos.6021 and 6022 of 2025 APHC010287302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOs: 6021 and 6022 of 2025 [3457] Crl.P No.6021 of 2025 Between: ...PETITIONER/ACCUSED V Bhanu Pradeep AND ...RESPONDENT/COMPLAINANT(S) N Malleswaran and Others Counsel for the Petitioner/accused; 1,D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S); 1.PUBLIC PROSECUTOR 2. Crl.P.No.6022 of 2025 Between: ...PETITIONER/ACCUSED V Bhanu Pradeep AND ...RESPONDENT/COMPLAINANT(S) C Naga Rani and Others Counsel for the Petitioner/accused: 1 .D PURNACHANDRA REDDY Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2 % HNJ Crl.P.Nos.6021 and 6022 of 2025 The Court made the following Common Order: Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Learned counsel for the petitioner submitted that the petitioner is facing trial in C.C.No.404 of 2022 and C.C.No.538 of 2022 on the file of the Principal Judicial Magistrate of First Class, Kuppam, for the alleged offence under Section 138ofthe N.I.Act. 1. 2. 3. It is submitted that the petitioner suffered an injury to his right leg, which was fractured and was unable to move. The petitioner was advised to take bed rest. It is submitted that Non-Bailable-Warrant was issued on 08.05.2024 in C.C.No.404 of 2022 and Non-Bailable-Warrant was issued on 14.03.2025 in C.C.No.538 of 2022 by the learned Magistrate for non appearance of the petitioner. The petitioner has filed petitions for recall of warrant. The learned Magistrate has dismissed the petitions observing that the petitioner was / / continuously absent from 05.09.2023. It is also stated that multiple opportunities were given to the petitioner for appearance. It is also observed by the learned Magistrate that the petitioner has filed a petition for recall of warrant nearly after nine months from the date of issuance of the Non-Bailable-Warran t. It is also stated that the petitioner did not even undertake that he will appear physically before the Court for examination. It is submitted that the petitioner did not appear before the Court while filing the application under Section 70(2) of Cr.P.C. 3 HNJ Crl.P.Nos.6021 and 6022 of 2025 It is submitted by the learned counsel for the petitioner that the petitioner 4. shall appear before the trial Court and file a fresh petition under Section 70(2) of Cr.P.C. and also undertakes to cooperate with the trial Court for early disposal of the pending criminal case. 5. Considering the submissions, there shall be a direction to the learned Principal Judicial Magistrate of First Class, Kuppam to recall the Non Bailable Warrant issued against the petitioner in C.C.No.404 of 2022 and C.C.No.538 of 2022, subject to the petitioner filing a fresh petition under Section 70(2) Cr.P.C. and also appearing physically. The learned Magistrate shall impose the required conditions for recall of the warrant for early disposal of the Calendar Case. Accordingly, these Criminal Petitions are allowed. 6. As a sequel, pending miscellaneous petitions, if any, shall/^^d closed. Sd/-MSRINIVAS. ASSISTANT REGISTRAR \ \ //TRUE COPY// SECTION OFFICER To. Principal Judicial Magistrate of First Class, Kuppam, Chittoor 1. The District. 2. One CC to Sri D Puma Chandra Reddy, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, Advocate [OPUC] 4. Three CD Copies GPC nm HIGH COURT DATED:19/06/2025 ORDER CRLP 6021/2025 & CRLP 6022/2025 g H m ^ ^ Current Section ALLOWING THESE CRIMINAL PETITIONS