p APHC010350152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY. THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7243 OF 2025 Between: 1. Shaik Ahamad, S/o. late Shaik Haji @ SK. Haji, aged about 32 R/o. 91, Survey No. 39, Kings Colony, Mailardevpally, Shastripuram Road, Rajendranagar, SVPNPA, K.V.Rangareddy. Telangana State 2. Shaik Mahamad, S/o. Shaik Haji @ SK. Haji. aged about 24 years. years, R/o. Door No. 4-11-80/10/A Imad Nagar, Atapur, M.M.Pahadi, Bhadurpura, Hyderabad, Telangana ...Petitioner/Accused 1 & 2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature of Andhra Pradesh at Amaravati. ...Respondent/Complainant Petition under Section 528 R/w 72(2) of BNSS old U/s 70 (2) 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 proceedings in Docket Order dated 24‘^ day of June Crl.MP.No.945 of 2025 in N.D.P.S. SC. 22 of 2021 Judge for the Trial of Cases under Narcotic Drugs Psychotropic Act-cum-l Additional District and Sessions Judge at Rajamahendravaram crime 2025 in DOCKLET ORDER on the file of Special substances (in no. 35 of 2020 mothugudem police station). lA NO: 1 OF 2025 Petition under Section 528 R/w 72(2) of BNSS old U/s 70 (2) Cr.P.C. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to recall NBW against the petitioner/AI &A2 Docket Order Crl.MP.No.945 of 2025 in N.D.P.S. SC. 22 of 2021 dated 24-06-2025 passed in Docket Order dated 24TH day of June, 2025 on the file of Special Judge for the Trial of Cases under Narcotic Drugs & Psychotropic substances Act-cum-1 Additional District and Sessions Judge at Rajamahendravaram (in crime no. 35 of 2020 mothugudem police station) lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS 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 including appearance in Docket Order dated 24‘^ day of June, 2025 in Docket Order Crl.MP.No.945 of 2025 in N.D.P.S. SC. 22 of 2021 on the file of Special Judge for the Trial of Cases under Narcotic Drugs & Psychotropic substances Act-cum- I Additional District and Sessions Judge at Rajamahendravaram (in crime no. 35 of 2020 mothugudem police station). East Godavari District. Counsel for the Petitioners: M/S. KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following ORDER: APHC010350152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7243/2025 Between: 1.SHAIK AHAMAD, S /O. LATE SHAIK HAJI ALIAS SK. HAJI, AGED ABOUT 32 YEARS, R/0. 91, SURVEY NO. 39, KINGS COLONY, ROAD, RAJENDRANAGAR,SVPNPA, K.V.RANGAREDDY, TELANGANA STATE MAILARDEVPALLY, SHASTRIPURAM 2.SHAIK MAHAMAD, S/0. SHAIK HAJI SK. HAJI, AGED ABOUT 24 YEARS, R/0. DOOR NO. 4-11-80/10/A IMAD NAGAR, ATAPUR, M.M.PAHADI, BHADURPURA, HYDERABAD, TELANGANA ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor High Court of Judicature of Andhra Pradesh At Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused{S): 1.KAKUMANU JOJI AMRUTHA RAJU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioners/accused Nos.1 and 2, seeking quashment of proceedings against them in docket order in Crl.M.P.No.945 of 2025 in NDPS S.C.No.22 of 2021, on the file of Special Judge for the Trial of Cases under Narcotic Drugs & Psychotropic Substances Act-cum-l Additional District and Sessions Judge at Rajamahendravaram. 2. Heard Sri Kakumanu Joji Amrutha Rao, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioners would submit that It is a case where the petitioners were released on bail, and as per the bail conditions, they were required to appear before the trial Court on 22.04.2021. However, the petitioners could not appear before the Court on that day on the premise that they had not received summons from the Court. The petitioners, on their own, filed a petition to recall the warrant before the Court, which was dismissed on the ground that they failed to comply with one of the conditions that the petitioners shall appear before the Court on 22.04.2021, but they failed to do so. 4. Learned Additional Public Prosecutor submits that the Court may pass appropriate orders. 3 Considering the submissions made and upon a fair perusal of the material placed on record, it appears that under the misconception that they would receive summons from the Court and only thereafter were required to appear, the petitioners failed to appear on the given date. The Court had exercised its discretion in releasing them on bail. In that view, this Criminal Petition is allowed, quashing the 5. 6. proceedings in docket order dated 24.06.2025 in Crl.M.P.No.945 of 2025 in NDPS S.C.No.22 of 2021, on the file of the Special Judge for the Trial of Cases under the Narcotic Drugs & Psychotropic Substances Act-cum-l Additional District and Sessions Judge at Rajamahendravaram, on the following condition; “The petitioners shall execute a personal bond for Rs.20,000/-(Rupees Twenty Thousand Only) with two sureties for a like sum each, to the satisfaction of the learned Special Judge for the Trial of Cases under the ♦ % ■»' . ■ Narcotic Drugs & Psychotropic Substances Act-cum-l Additional District and Sessions Judge at Rajamahendravaram. Pending interlocutory applications, if any, shall stands closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SEeriON OFFICER 1. The Special Judge for the Trial of Cases under Narcotic Drugs Psychotropic substances Act-cum-l Additional District and Sessions Judge at Rajamahendravaram. 2. One CC to M/s. Kakumanu Joji Amrutha Raju, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] 4. Two CD Copies To, Chp sree f HIGH COURT DATED: 15/07/2025 ORDER CRLP NO. 7243 OF 2025 ^ANDM^ ? 3 JUL 2025 m •» Co ^v•' Current Section ^ ALLOWING THE CRIMINAL PETITION