APHC010579772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO CRIMINAL REVISION CASE NO: 1339/2024 Between: Gavini Bhanu Chandu ...PETITIONER AND The State Sho ...RESPONDENT Counsel for the Petitioner: 1. BHANU PRASAD CHUKKAPALLI Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following Order: The Criminal Revision Case has been filed against the order, dated 04.10.2024, passed in Crl.M.P.No.105 of 2023 in C.C.No.456 of 2021 by the learned IV Additional Chief Judicial Magistrate-cum-Additional Mahila Magistrate, Vijayawada, whereby the petition filed, under Section 70(2) Cr.P.C. to recall the N.B.W. issued against the petitioner, was dismissed. 2. Heard. Perused the record. 3. Learned counsel for the petitioner submitted that the petitioner was unaware of that he was charge sheeted and he has not received any summons from the 2 Court. In spite of that, N.B.W. was issued against him, and the learned Magistrate failed to consider the reasons stated by the petitioner, and hence, the petitioner prays to recall the N.B.W issued against him. 4. A perusal of the material on record goes to show that the trial Court has not issued any summons to the petitioner herein directing him to appear before the Court on a particular date and simply because the accused was served with Section 41A Cr.P.C. notice it does not mean that he was served with summons from the Court. It is submitted by the learned counsel for the petitioner that the Court below without issuing summons to the petitioner, straightaway issued N.B.W. against the petitioner and the petitioner is pursing his studies and in the event of any coercive action against him, it may affect his educational carrier. 5. In view of the aforesaid facts and circumstances of the case, the order dated 04.10.2024 in Crl.M.P.No.105 of 2023 in C.C.No.456 of 2021 on the file of the learned IV Additional Chief Judicial Magistrate-cum-Additional Mahila Magistrate, Vijayawada, is hereby set aside and 3 the N.B.W. issued against the petitioner is hereby recalled. Further, the petitioner is directed to appear before the learned Magistrate within a period of two (2) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous applications pending, if any, shall stand closed. _____________________ T. MALLIKARJUNA RAO, J. 05.03.2025. Asr 4 HON’BLE SRI JUSTICE T. MALLIKARJUNA RAO Criminal Revision Case No.1339 of 2024 Dated:05.03.2025 Asr