APHC010478102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL APPEAL NO: 703/2024 Between: 1. NAKKA VENU GOPAL, S/0 GOPALA KRISHNAIAH, AGED ABOUT 55 YRS, HINDU, TRAINING OFFICER, R/0 HNO-4-16-265, PS NAGAR LINE, AMARAVATHI ROAD, GUNTUR- 522002 (CITY, MANDAL AND DISTRICT) WITHIN THE LIMITS OF ARUNDEL PET P.S, ...APPELLANT AND 1. KOTA KOTI REDDY, S/0 SESHI REDDY, HINDU, AGED ABOUT 39 YRS, BUSINESS R/0 DOOR NO- 26-40-132, A.T AGRAHARAM, 5TH LINE, GUNTUR- 522004. WITHIN THE LIMITS OF NAGARAMPALEM P.S, GUNTUR. 2. THE STATE OF ANDHRA PRADESH, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT(S): Counsel for the Appellant: 1. SIVAJI RACHAMANTI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL APPEAL No: 703 of 2024 J U D G M E N T: Heard Sri Rachamanti Sivaji, learned counsel for the appellant and learned Additional Public Prosecutor representing the State. 2. Notice was taken to the respondent No.1/accused through registered post and the same was served. Proof of service filed. None appeared for the accused. 3. Learned counsel for the appellant would submit that this appeal is preferred challenging the order dated 27.09.2024 passed in C.C.No.1416 of 2020 on the file of the learned Judicial Magistrate of First Class-cum-Special Mobile Court, Guntur. 4. The learned Magistrate dismissed the complaint on the ground that batta not paid for execution of Non-Bailable Warrant against the accused. 5. Learned counsel for the appellant would further submit that the complainant is working as Junior Lecturer at Ongole Polytechnic College. Therefore, he could not attend on the date of adjournment. 6. Perusal of the order of the trial Court under challenge would disclose that the trial Court dismissed the matter on the ground that the matter is of the year 2020. It appears that Non-Bailable Warrant is pending against the accused. The trial Court ought to have taken 3 steps for execution of Non-Bailable Warrant instead of dismissing the complaint. 7. Considering the above facts and circumstances, the appeal is allowed. The order of the learned trial Court is set-aside. The matter is remitted to the trial Court, with a direction to dispose of the case in accordance with law. 8. Accordingly, the Criminal Appeal is allowed. As a sequel thereto, interlocutory applications, if any, pending shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 06.08.2025 Pmk 4 175 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL APPEAL No:703 of 2024 Date: 06.08.2025 Pmk