t APHC010314722025 QMS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION Nq.6522 of 2025 Between: Shaik Fathima, W/o Musa Karimullah Age 42 years, R/o.D.No.12- 457(A)/214, Peerlamanyam, Pernamitta, Santhanuthalapadu Mandal. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Amaravathi. ...Respondent 2. Gunturi Venkata Subba Rao, S/o. Venkata Swamy, Age 66 B.K.Apartments, Ongole. years, R/o. ...Respondent/Complainant Petition under Section 528 of BNSS (under Section 482 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the Criminal and to set-aside the order dated 26.05.2025 in CRLMP.No.3955 of 2025 i CC.No.1918 of 2019 on the file of Special Judicial Magistrate of First Class Excise Court, Ongole, Prakasam District. of Cr.P.C) Petition in lA NO: 2 OF 2025 Petition under Section 528 of BNSS (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 stay of all further proceedings in CC.No.1918 of 2019 on the file of Special Judicial Magistrate of First Class, Excise Court, Ongole, pending the above Criminal Revision Petition. Counsel for the Petitioner : Sri Arun Showri G Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following order: 1^;' ■ , APHC010314722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6522/2025 Between: 1.SHAIK FATHIMA, W/0 MUSA KARIMULLAH R/0D.N0.12-457(A)/214 SANTHANUTHALAPADU MANUAL. AGE 42 YEARS, PEERLAMANYAM, PERNAMITTA, ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF AMARAVATHI. 2.GUNTURI VENKATA SUBBA RAO, S/0 VENKATA SWAMY AGE 66 YEARS R/0 B.K.APARTMENTS, ONGOLE. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.ARUNSHOWRI G Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 r/' Order: Heard the learned counsel appearing for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is aggrieved by the order passed in Crl.M.P.No.3955 of 2025 in C.C.No.1918 of 2019 on the file of the Special Judicial Magistrate of First Class, Excise Court, Ongole. The petitioner is facing trial for the alleged offence under Section 138 of the Negotiable Instruments Act. It is submitted that the petitioner filed a petition seeking recall of PW1 for the purpose of adducing further evidence and to confront PW1 with additional documents. However, the learned Magistrate dismissed the said petition vide order dated 26.05.2025. It is further submitted that the only reason assigned by the learned Magistrate for dismissing the petition is that the petitioner had not assigned any reasons for seeking recall of PW1. 3. Perused the record. 4. As seen from the order, it is evident that the petitioner did not come forward for the cross-examination of PW1 and sought nearly five adjournments for the same. Thereafter, the matter was posted for defence evidence, and a conditional order was passed, including imposition of costs. At that stage, the petitioner filed the petition seeking recall of PW1. The learned Magistrate also observed that a conditional order had already been passed, directing the petitioner to adduce evidence on her behalf, and that 3 sufficient time was granted for the same on 07.05.2025. However, the petitioner failed to adduce any further evidence, and accordingly, the matter was posted for arguments. Although the matter was posted for arguments on 13.05.2025, the petitioner filed the present petition only on 21.05.2025. 5. Considering the detailed and well-reasoned order learned Magistrate, this Court finds no grounds to interfere. passed by the 6. Accordingly, this Criminal Petition is dismissed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- A VENUGOPALA RAO ASSISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Judicial Magistrate of First Class, Excise Court, Ongole, Prakasam District. - \ 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 3. One CC to Sri Arun Showri G, Advocate [OPUC] 4. Two CD Copies TK vna HIGH COURT DATED:30/06/2025 ORDER CRLP No.6522 of 2025 2 2 JUL 2025 1^ ■^-HuirrentSecti ^■^SSEiSis: o «>> DISMISSING THE CRIMINAL PETITION