APHC010306762025 IN THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6280 OF 2025 Between: Zam Zam Educational Foundation, Represented by Haseena Farug Shaik, W/o. Mohmmad Farug Shaik, Aged about 34 years, Muslim, R/o Flat No.704, Sri Sai Balaji Enclave, D.No.39-2-22, Pitchaiah Street, Labbipet, Vijayawada - 520010, NTR District, A.P. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P. at Amaravati. 2. Reshma Sulthana, W/o Late Sayyad Ikramuddin Shariff, Aged about 50 years, R/o Machavaram, Vijayawada - 520004. ...Respondents Petition under Section 482 of Cr.P.C and 528 of BNSS is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the Proceedings in CrI.M.P. No. 1290 of 2025 in C.C. No. 373 of 2018 on the file of the II Additional Judicial Magistrate of First Class, Vijayawada, NTR District, and quash the proceedings against the Petitioner/Accused dated 16.05.2025 passed in CrI.M.P. No. 1290 of 2025 in C.C. No. 373 of 2018 on the file of the II Additional Judicial Magistrate of First Class, Vijayawada, NTR District, AP. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, , the High Court may be pleased to stay all further proceedings, including arrest, against the Petitioner/Accused dated 16.05.2025 passed in CrI.M.P. No. 1290 of 2025 in C.C. No. 373 of 2018 on the file of the II Additional Judicial Magistrate of First Class, Vijayawada, pending disposal of the Criminal Petition. Counsel for the Petitioner: Sri Pandiri Babu Rao Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: -- The Court made the following order: 7 APHC010306762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] Vu s THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6280/2025 Between; ...PETITIONER/ACCUSED Zam Zam Educational Foundation AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.BABU RAO PANDIRI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 7 2 ORDER:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.1290 of 2025 in C.C.No.373 of 2018 on the file of the II Additional Judicial Magistrate of First Class, Vijayawada. The petitioner is facing trail in C.C.No.373 of 2018 and unable to appear for cross-examination of the complainant on 17.10.2024. The learned Magistrate has issued Non-Bailable Warrant to the petitioner. was 2. The petitioner filed a petition under Section 70(2) Cr.P.C., which was dismissed by the learned Magistrate. The learned Magistrate, while dismissing the petition, had also observed that the case is pending since 2018 and the warrants issued to the petitioner were earlier recalled on 02.11.2017, 30.01.2018, 24.08.2018, and 13.10.2023. It is also observed that the petitioner is continuously absent for several adjournments and the same is with an intent to drag on the proceedings. As such, the Court was not inclined to recall the warrant, as the petitioner did not submit any medical report to support the contention of ill-health. It is submitted that the petitioner shall appear in person and submit a fresh petition seeking recall of the warrant. 3. Considering the submissions, the petitioner is permitted to file a fresh petition under Section 70(2) of the Cr.P.C. seeking recall of the warrant. Upon filing such petition, the learned Magistrate shall consider the same on its own merits and dispose of it on the same day by recalling the warrants issued against the petitioner, duly imposing the required conditions for the early 3 disposal of C.C. No.373 of 2018, which has been pending since the year / 2018. Accordingly, this Criminal Petition is disposed off. 4. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The II Additional Judicial Magistrate of First Class, Vijayawada. 2. One CC to Sri Babu Rao Pandiri, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies GPC VNA HIGH COURT DATED: 26/06/2025 ORDER CRLP NO. 6280 OF 2025 0 9 JUL 2025 ^JsCur^Sectjgox^!^ Co DISPOSING OF THE CRLP