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2025 DAILYLAW 3565 (AP)

MURIKANTI APPALANAIDU v. THE STATE OF ANDHRA PRADESH

CRLP/610/2025 · 2025-01-27

B V L N Chakravarthi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI MONDAY THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 610 OF 2025 Between: Murikanti Appalanaidu, S/o. Nookaraju, Aged 38 years, R/o. Gaddibhandha Village, Kudumusari Post, Chintapalli Mandal, Visakhapatnam District. ...Petitioners/A-2 AND The State Of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, ...Respondent/Complainant Petition under Section 528 r/w U/s 70 (2) of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the trial court to recall the case vide SC NDPS No. 12/2014 on the file of the I Additional District and Sessions Judge, Visakhapatnam This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sravan Kumar Naidana, Advocate for the Petitioner and the Public Prosecutoron behalf of the Respondent The Court made the following order: APHC010018752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION No: 610/2025 Between: 1.MURIKANTI APPALANAIDU, S/0. NOOKARAJU, AGED 38 YEARS, R/0. GADDIBHANDHA VILLAGE, KUDUMUSARI POST, CHINTAPALLI MANDAL DISTRICT. VISAKHAPATNAM ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.610 OF 2025 ORDER: This Criminal Petition is filed under Section 528 of BNSS, 2023 to quash the proceedings against the petitioner/accused in S.C. NDPS No.12 of 2014 on the file of the learned I Additional District and Sessions Judge, Visakhapatnam. 2. Heard Sri Sravan Kumar Naidana, learned counsel for the petitioner/A2. 3. Learned Additional Public Prosecutor representing the State takes notice for the respondent. The grievance of the petitioner is that on 25.09.2024, the petitioner/A2 could not attend before the learned Special Court. When the matter was called by the Special Court, but he appeared later before the Special Court on the same day, by that time Special Court issued Non-Bailable Warrant and refuse to 4. cancel the warrant, and therefore, the present Criminal Petition is filed to quash the order dated 25.09.2024 wherein Non-Bailable Warrant was issued against the petitioner/A2. 5. Considering the facts and circumstances submitted by the learned counsel for the petitioner stated above, this Court is of 3 the considered opinion that the Criminal Petition can be disposed of at the stage of admission with direction, without going into the merits of the case stated above, giving liberty to the petitioner to approach the learned I Additional District and Sessions Judge, Visakhapatnam, with an application as per law seeking cancellation of the warrant, and on filing such application, and presence of the accused on that day before the learned I Additional District and Sessions Judge, Visakhapatnam, shall dispose of the application on the same day, as per law. 6. 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. so/- A VENUGOPALA RAO assistant registrar //TRUE COPY// SECTION OFFICER Judge, Visakhapatnam Narsipatnam Police To 1. The I Additional District and Sessions 2. The Station Visakhapatnam. 3. One CC to Sri Sravan Kumar Naidana 4. Two CCS to the Public Prosecutor, 5. Three CD Copies House Officer Station Advocate [OPUC] High Court of Andhra Pradesh [OUT] MKP sree HIGH COURT DATED :27/01/2025 v*- ORDER CRLP.No.610 of 2025 ,g 0 7 FEB 2C25 ★ Current Section T-• DISPOSING THE CRLP