1 APHC010578992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11244/2025 Between: 1. TERE NEHEMAIAH, S/O T.J.DEVADOSS AGED 54 YEARS, R/O D.NO 13/178, GANGAMMA GUDI STREET, GUDUR TOWN, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE STATION HOUSE OFFICER, GUDUR I TOWN POLICE STATION, SPSR NELLORE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF AP, AT AMARAVATHI. 2. KURRAPATI RAGHURAM, A 3. VAKATI KIRAN, S 4. DUDUKU LAKSHMI ALIAS SHAIK RIZWANA, A 5. GUDUR MADHAVI ALIAS LATHA, S 6. KODAVATIGANTI ELIZABETH RANI ALIAS RANI, S 7. CHILAKA NAGAMANI, S 8. SHAIK SAHINA ALIAS SHAIK SHAREENA, S 9. BANDI BHASKAR REDDY, A 10. MD JAVEED HUSSAIN, S 2 11. DUDUKU RAVI SHANKAR, (R-2 TO R-11 FORMAL PARTIES IN THIS PETITION) ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the order dated 24-01-2025 passed in Crl.MP.No.951 of 2023 in Crime No.70 of 2011 on the file of the Principal District and Sessions Judge, Nellore, and consequently restore the said Crl.MP.No.951 of 2023 in Crime No.70 of 2011 on the file of the Principal District & Sessions Judge, Nellore, pass Counsel for the Petitioner/accused: 1. V R MACHAVARAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11244/2025 The Court made the following order: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.2, seeking quashment of the order dated 24.01.2025 passed in Crl.M.P.No.951 of 2023 in Crime No.70 of 2011 on the file of the learned Principal District and Sessions Judge, Nellore. 2. Heard Sri V.R.Machavaram, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State. 3. Learned counsel for the petitioner would submit that they filed Crl.M.P.No.951 of 2023 before the learned Principal District and Sessions Judge, Nellore, in Crime No.70 of 2011, which was registered for the offences punishable under Sections 406, 420, 120-B of IPC and Section 5 of the A.P.Protection of Depositors of Financial Establishment Act, 1999. Learned counsel would submit that they filed a petition seeking interim custody of the subject property, which was dismissed for default. Learned counsel would further submit that there is no provision available to file another petition before the same Court for restoration of that petition. Learned counsel finally prays to give one more opportunity to the petitioner to pursue their petition before the trial Court. 4 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. As can be seen from the impugned order, since the parties were absent and there was no representation, the petition was dismissed for default. 6. As rightly put by learned counsel for the petitioner, since there is no provision available under the statute for seeking restoration of such petition, the Criminal Petition is allowed. The impugned order dated 24.01.2025 passed in Crl.M.P.No.951 of 2023 is set aside and the same is restored to file. The trial Judge is directed to dispose of the application according to law as expeditiously as possible. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.10.2025 JLV 5 131 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No: 11244 OF 2025 Date: 30.10.2025 JLV