APHC010366252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI O TUESDAY. THE TWENTY SECOND DAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA CRIMINAL petition NO: 7fi«5 QF 2Q2fi OF JULY 'P jyothirmai pratapa Between: Muppalla Siva Jawahar, S/o.Rukmangadha Rao, Aged Presently Unemployed, R/o.Presently residing at Melbourne, Australia ...Petitioner/Accused 37 years, Occ AND 1. The State Of Andhra Pradesh, by Public Prosecutor High Court, 2. Garikapati Swamarai Chowdaiy, D.No.I-2-52/A, I floor Srinivasa gas godown, Guntur Town Through P.S. Disa Women Police Rep. High Court Buildings, Hyderabad , W/o. Siva Jawahar, Aged- 30 years. Apartment, JKC Nagar, Krishna Tulasi -Respondents/De-facto Complaint Petition under Section 528 of stated in the Memorandum of Grounds BNSS praying that in the circumstances of Criminal Petition, the High Court order in CC.No. 1319/2023 Dated;30-09- on the file of Special Judicial Magistrate Excise, At Guntur for the offences may be pleased to quash the docket 2024 pending of First Class for under section 498-A, 323 IPC and section 3 and 4 of DP Act. lA NO: 2 OF 2025 Petition under 528 of BNSS praying that in the circumstances stated the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the Petitioners/Accused No.l in C.C. No. 1319 of 2023, pending on the file of Special Judicial Magistrate of First Class for Excise, At Guntur for the offences under section 498-A IPC and section 3 and 4 of DP Act, pending disposal of the present Criminal Petition. in 323 Counsel for the Petitioner: SRI RAMESH N Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: % APHC010366252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7585/2025 Between: 1.MUPPALLA SIVA JAWAHAR, S/O.RUKMANGADHA RAO, AGED 37 YEARS, OCC PRESENTIY UNEMPLOYED, R/O.PRESENTLY RESIDING AT MELBOURNE, AUSTRALIA ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH P.S. DISA WOMEN POLICE REP. BY PUBLIC PROSECUTOR HIGH COURT, HIGH COURT BUILDINGS, HYDERABAD 2.GARIKAPATI SWAMARAI CHOWDAIY, W/0. SIVA JAWAHAR, D.NO.L-2-52/A, I FLOOR SRINIVASA AGED- 30 YEARS, APARTMENT, JKC NAGAR, KRISHNA TULASI GAS GODOWN GUNTUR TOWN ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash the docket order in CC.No. 1319/2023 Dated;30-09-2024 pending on the file of Special Judicial Magistrate of First Class for Excise, At Guntur for the offences under section 498-A, 323 IPC and section 3 and 4 of DP Act, consequently direct the Special Judicial Magistrate of First class for Excise, At Petitioner/Accused No.I 30-09-2024 without insisting the presence of the Petitioner/Accused No.I in the interest of justice and to pass lA NO: 1 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 may be pleased to dispense with the requirement of filing certified copies of the Complaint, FIR, 161, statement and the charge sheet and pass 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^l\^morandum of Grounds of Criminal Petition,the High Court may be pleised may be pleased to stay all further proceedings against the Petitioners/Accused No.I in C.C. No. 1319 of Guntur to recall the NEW issued against the % 2023, pending on the file of Special Judicial Magistrate of First Class for Excise, At Guntur for the offences under section 498-A, 323 IPC and section 3 and 4 of DP Act, pending disposal Petition, and pass Counsel for the Petitioner/accused: 1.RAMESH N Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court Made the Followinef Order: This Criminal Petition has been filed under Section 528 of BNSS, by the petitioner herein, seeking quashment of the docket order, dated 30.09.2024 passed in C.C.No.l319 of 2023 on the file of the learned Special Judicial Magistrate of First Class for Excise, Guntur. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent No. 1/State. Learned counsel for the petitioner would submit that the petitioner is the husband of respondent No. 2, who lodged a case against the petitioner for offences under Sections 498A and 323 of the IPC, and Sections 3 and of the present Criminal 2. 3. 4 of the Dowry Prohibition Act. Learned counsel would further submit that the petitioner is residing in Australia and that notice has been served through email, and he ready to appear before the Court. Meanwhile, the Court issued a Non-Bailabie Warrant (NBW) against the petitioner, stating that despite the conditional order passed, the petitioner failed to appear. Learned counsel would further submit that an opportunity may be given to the petitioner to appear before the trial Court and furnish sureties to the satisfaction of the Court to assure his presence until the disposal of the case. IS 3 On the other hand, learned Assistant Public Prosecutor would submit that 4. Court may pass appropriate orders. Considering the submissions made, the petitioner is directed to appear before the trial Court and make an application to recall the NBW issued against him, within a period of one week from the date of receipt of a copy of this order. On making such an application, the trial Judge is requested to dispose of such application on the same day by imposing appropriate conditions to assure the presence of the petitioner before the trial Court till disposal of the case. With the above direction, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. 5. 6. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To, 1. The Special Judicial Magistrate of First Class for Excise, At Guntur. 2. The Station House Officer Disha Women Urban Police Station, Guntur 3. One CC to Sri. Ramesh N., Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] 5. Two CD Copies MKP sree fft HIGH COURT DATED:22/07/2025 ORDER CRLP NO. 7585 OF 2025 DISPOSING THE CRLP