APHC010486672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 7895/2024 Between: 1. KAKARA JAGADEESH @ PEDDAJAGATA, S/O.SHESHU, AGED 36 YEARS, R/0.D.N0.3-19-1/2A, BALAJIPETA, ADARSA NAGAR, BOMMURU, RAJAHMUNDRY. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, S.H.O THREE (3)TOWN POLICE STATION, RAJAMAHENDRAVRAM REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. B.SUDHAKAR KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.7895 OF 2024 ORDER: This Criminal Petition is filed under Section 482 of Cr.P.C., 1973 corresponding to Section 528 of BNSS, 2023 to quash the order dated 18.10.2024 passed in Crl.M.P.No.2623 of 2024 in SC ST SC No.68 of 2019 on the file of the learned Special Judge for Trial of Cases under SCs and STs (POA) Act-cum-X Additional District and Sessions Judge, East Godavari District at Rajamahendravaram. 2. Heard Sri B.Sudhakar Kumar, learned counsel for the petitioner/A2. 3. Learned Additional Public Prosecutor representing the State takes notice for the respondent. 4. It appears that the petitioner/A-2 fails to attend before the learned Magistrate on 20.05.2024, and there was no representation for the petitioner before the learned Magistrate on that day explaining his absence on that day, and therefore, the learned Magistrate issued Non-Bailable Warrant. Later, the 3 petitioner filed application vide Crl.M.P.No.2623 of 2024 stating that he could not attend the Court on 20.05.2024 due to ill-health. Surprisingly, he filed medical report relating to January, 2024. Therefore, the learned Magistrate did not accept the reason assigned by the petitioner for his absence on 20.05.2024, and dismissed the application. 5. Considering the facts and circumstances submitted by the learned counsel for the petitioner herein, this Court is of the considered opinion that the petitioner may file fresh application before the learned Magistrate with necessary medical record for his absence on 20.05.2024. 6. Therefore, the Criminal Petition is disposed of at the stage of admission, giving liberty to the petitioner to appear before the learned Magistrate within a period of ten (10) days from the date of receipt of copy of this order, and file fresh application with necessary medical record for his absence to cancel the Non- Bailable Warrant, and on such application, the learned Magistrate is directed to dispose of the same, as per law, on the same day. 4 7. Accordingly, the Criminal Petition is disposed of at the stage of admission with the above direction. As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 28.01.2025 Pmk 5 27 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION No:7895 of 2024 Date: 28.01.2025 Pmk