IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 611 OF 2023 Appeal under Section 378(4) of Cr.P.C, against the Judgment dated 06.09.2022 in C.C. No. 448 of 2017 on the file of the II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District. Between; Pakam Nagendra Reddy, S/o Pakam Gopal Reddy, Aged about 33 years, R/o D. No 18-1-48, Old Post Office Road, Near Anitha Theater, Nellore, SPSR Nellore District. ...Appellant/Complainant AND 1. Chiniga Srinivasulu Reddy, S/o Shiva Reddy, Aged about 33 years. Residing at D.No. 16-3-822B, Haranathpuram, 2'^’^ Lane, Near Nagasai Temple, Nellore. SPSR Nellore District. (Accused) 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi. ...Respondents Counsel for the Appellant: Sri Sivaprasad Reddy Venati Counsel for Respondent No.1: None Appeared Counsel for Respondent No.2: M/s K Priyanaka Lakshmi Assistant Public Prosecutor The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 611/2023 JUDGMENT: This Criminal Appeal is filed aggrieved by the judgment dated 06.09.2022 in C.C.No. 448 of 2017 on the file of II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District. 2. Heard Sri Siva Prasad Reddy Venati, learned counsel for the appellant and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Notice served on the respondent/accused, they did not turn up to submit their objections. 3. Learned Counsel for the appellant would submit that the absence of the complainant before the Trial Court is not intentional and due to unavoidable situation, he could not appear before the Trial Court for cross examination. A fair opportunity may be given to the complainant to prosecute his case. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 4. Considering the submissions made, as can be seen from the impugned order, the matter is coming up for cross examination of PW-1. Learned Trial Judge dismissed the complaint since the complainant could not appear for the last two (02) adjournments. Taking into consideration, the reasons for the absence before the Trial Court, to give a fair opportunity to prosecute his case, the appeal is allowed subject to the payment of costs of Rs.10,000/- to 5. the other side before the Trial Court on or before 03.03.2025. 3 In that view, the Criminal Appeal is allowed. The matter is remanded to the Trial Court for fresh disposal subject to payment of costs of Rs.10,000/- (Rupees Ten Thousand Only) to the other side before the Trial Court on or before 03.03.2025. The impugned Order is set aside. Learned Trial Judge is requested to dispose of the case as expeditiously as possible without granting any adjournment in a casual way by mere asking. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. \ closed. Sd/-S.V.S.R.MURTHY JOINT REGISTRAR ' SECTION OFFICER //TRUE COPY// To, 1. The II Additional Judicial Magistrate of First Class, Nellore, SPSR Nellore District. 2. The Station House Officer, Nellore I Town Police Station, SPSR Nellore District. 3. The Station House Officer, Balaji Nagar Police Station Nellore City, SPSR Nellore District. 4. One CC to Sri Sivaprasad Reddy Venati Advocate [OPUC] 5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 7. Three CD Copies SAM HIGH COURT DATED:21/02/2025 JUDGMENT AMOS^ CRLA.No.611 of 2023 5 21 FEB 2025 % 6», ^ . Current Section ALLOWING THE CRIMINAL APPEAL