IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 1317 OF 2024 Revision filed under Section 397 & 401 of Cr.PC, Aggrieved by the orders passed in CRL.M.P. No.4914 of 2024 dated 26-11-2024 on the file of the Additional Judicial First Class Magistrate, Ramachandrapuram . Between: Saggurthi Anil Kumar, S/o. Zaggaiaha, Aged 37 years, Occ. Police Constable Musunuru Police Station, Musunuru Village and Mandal, Krishna District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent 2. Karri Venkata Reddy, S/o. Sadguna Reddy, Aged about 38 Thota Vari Street, Ramachandrapuram Town and Mandal Amedkar Nagar, Konaseema District. years, R/o. Dr. B.R. ...Respondent/Complainant % lA NO: 1 OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of execution of Non-Bailable Warrant dated 04-11-2022 by suspending the orders passed in CRL.M.P. No.4914 of 2024 dated 26-11-2024 on the file of the Additional Judicial First Class Magistrate, Ramachandrapuram pending disposal of the main CrI.R.C. Counsel for the Petitioner: Sri Nirmalbabu A Counsel for the Respondent No.1; Public Prosecutor Counsel for the Respondent No.2: None Appeared The Court made the following: ORDER f/ APHC010580132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE N0.1317 OF 2024 Between: Saggurthi Anil Kumar ...PETITIONER AND The State Of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner; 1.NIRMALBABU A Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR 2. The Court made the following ORDER: This Criminal Revision Case has been filed against the docket order dated 26.11.2024 passed in CrI.MP No.4914 of 2024 in CC No.340 of 2022 by the learned Additional Judicial Magistrate of First Class, Ramachandrapuram. 2. Petitioner herein is accused in CC No.340 of 2022 on the file of the learned Additional Judicial Magistrate of First Class, Ramachandrapuram. In the said case, CrI.MP No.4914 of 2024 2 was filed by the petitioner/accused, under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to recall the NBW issued against him on 04.11.2022. By the impugned order dated 26.11.2024, the learned Magistrate dismissed the said application on the ground that the NBW was pending from 04.11.2022 and the case was being posted from time to time for appearance of the petitioner/accused. Against the said dismissal order, the present Criminal Revision Case has been filed. 3. Learned counsel for the petitioner/accused submits that the petitioner/accused paid amounts to a tune of Rs.2,02,000/- to the complainant from 13.11.2023 to till date, as such he did not attend the Court. 4. It is pertinent to mention here that the petitioner, being a Police Constable, is expected to follow the procedure contemplated under law. More so, when the case is being posted from time to time, it is obligatory on the part of the petitioner/accused to attend the Court on each and every adjournment or take steps to see that his presence is dispensed with in accordance with law. Irrespective of the said fact, since the petitioner/accused has paid substantial amounts to the complainant, this Court is inclined to allow the Criminal Revision Case. 5. Accordingly, the Criminal Revision Case is allowed and the impugned order dated 26.11.2024 passed in CrI.MP No.4914 of 2024 in CC No.340 of 2022 by the learned Additional Judicial Magistrate of First Class, Ramachandrapuram is set aside. The petitioner herein/accused 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 and make appropriate application under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the trial Court for recalling of NBW issued against him and, on making such application, the learned Magistrate shall consider the same and recall the NBW issued against the petitioner herein, on such terms and conditions, in accordance with law, on the same day. After recalling of NBW, the petitioner shall appear before the Court below on each and every date of adjournment without fail. As a sequel thereto, the miscellaneous petitions, if any pending in this Criminal Revision Case, shall stand closed. SD/-VDIWAKAR deputy registrar ^SECTION OFFICER //true copy// /' \ Class Magistrate, Ramachandrapuram, To, 1. The Additional Judicial First East Godavari District. rr^pi iPl ^3: Cou. i An..ra Prades. at Amaravati [OUT] 4. Three CD Copies SAM vna f HIGH COURT DATED:03/01/2025 ORDER CRLRC.No.1317 of 2024 g 2 2 JAN 2025 g] ^ . Current section DISPOSING OF THE CRLRC