APHC010379922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI iS FRIDAY, THE TWENTY FIFTH DAY OF JULYte' TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7812 OF 2025 Between: Sarella Sumangala, W/o.Kollabattula Venkat Rao, 63 years, Retired Employee, H.No.5-8, Near A.M.A.L College, Kotturu, Anakapalli Mandal, Tummapala, Vishakhapatnam District, PIN-531001. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Represented by its Public Prcjsecutor High Court Andhra Pradesh, At Amaravathi. | 2. Bommana Malleswara Rao, S/o Late Anjaneyulu, Age 66 year$. Retd. Employee, D/o 57/5/3-3 Mallikarjuna Nagar, Rajamahendr^ East Godavari District- 533103. (De-facto Complainant) varam ...Respondents/ Complainant Petition under Section 482 r/w 70(2) of Cr.P.C and 528 r/w li (2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to recall the NBW pending in CC.No.48 of 2021 on the file of II Additional Judicial First Class Magistrate, Rajamahendravaram, East Godavari District. Counsel for the Petitioner: M/s. Vasavi Ratna Kumari Dandamudi Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P Counsel for Respondent No.2:- The Court made the following order: APHC010379922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7812/2025 Between: 1.SARELLA SUMANGALA, W/O.KOLLABATTULA VENKAT RAO, 63 YEARS,REDTEMPLOYEE, H.NO.5-8, NEAR A.M.A.L COLLAGE KOTTURU VISHAKAPATNAM DISTRICT,531001. AN AKAPALLIMAN DAL.TU M MAPALA ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED ' BY PUBLIC PROSECUTOR HIGH COURT ANDHRA PRADESH, AT AMARAVATHI. 2.BOMMANA CHANDRA SHEKAR, S/0 B.MIIESWARA RAO, AGE 40 YEARS, BUSSINESS, D/0 57/5/3-3,MALLIKARJUNA NA(^AR RAJAMAHENDRAVARAM,533103 , EAST GODAVARI DISTRICT, 5331001. ...RESPONDENT/COMPLAINANt(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BINSS praying that in the circumstances stated in the Memorandum of Gropnds of Criminal Petition, the High Courtpleased to recall the NBW pending inCC.No.48 of 2021 on the file of II ADDL., JUDICIAL FIRST CLASS MAGISTRATE, Rajahmahendravaram, East Godavari District and to pass Counsel for the Petitioner/accused: 1.VASAVI RATNA KUMARI DANDAMUDI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court Made the Following Order: This Criminal Petition has been filed under Section 528 of BNSS, by the petitioner, seeking to recall the NBW issued against her, in C.C.No.48 of 2021 on the file of the learned II Additional Judicial Magistrate of First Class, Rajamahendravaram. I A private complaint has been filed as against the petitioner hprein for the offence punishable under Sections 138 read with 142 oi" the 2. Negotiable Instruments Act and the same was taken on file as C.C.No.48 of 2021 on the file of the learned II Additional-Judicial Magistrate of First Class, Rajamahendravaram. Pending the said C.C., on 24.07.2024, petition filed by the petitioner under Section 317 Cr.P.C., was dismissed and NBW was issued against her. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor for the respondent No. 1/State. As seen from the record, this is a case where the petitioner failed to appear before the Court, and the petition to condone her absence was dismissed. A statutory remedy is very much available to the petitioner to approach the trial Court by filing a petition to recall the warrant issued agaipst her. Instead, she has approached this Court, seeking indulgence to exercise discretion under its inherent powers, which cannot be encouraged. 3. 4. In that view of the matter, the petitioner is at liberty to appear befolre the trial Court and make an application to recall the NBW issued agaipst her by giving cogent reasons. On making such an application, the trial Judge may consider her problem and take appropriate decision over the matter, in accordance with law. With the above observation, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. 5. 6. Sd/- M SRINIVAS ASSISTANT REGI^RAR se^^sTofficer //TRUE COPY// To 1. The II Additional Judicial First Class Magistrate, Rajahmahendravaram East Godavari District. 2. One CC to M/s. Vasavi Ratna Kumari Dandamudi, Advocate [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies GPC sree [ HIGH COURT DATED: 25/07/2025 I ORDER CRLP NO. 7812 OF 2025 1 ! DISPOSING OF THIS CRIMINAL PETITION I