IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 212 OF 2023 Appeal under Section 378(4) of Cr.P.C., against the Judgment in C.C.No.467/2019, Dated 10-02-2023 on the of the Court of III Additional Metropolitan Magistrate at Vijayawada., Andhra Pradesh. Between: Chilakamarthy Siva Rama Krishna, S/o. late Rama Krishnaiah, Hindu, Aged about 59 years, R/o. Srinivasa Nagar, Bank Colony, Vijayawada. Krishna District, Andhra Pradesh. ...Appellant/Complainant AND 1. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court. Amaravathi. ...Respondent 2. Matti Kiran kumar, S/o. Patick, Hindu, about 50 years, R/o. Dr No 24- 20-7, Adiraju Street, Hamasa Buildings, Durgapuram, Vijayawada, Andhra Pradesh. ...Respondent/Accused t S' Counsel for the Appellant: Sri Pavan Kumar Pasupuleti / Counsel for Respondent No.1: Assistant Public Prosecutor Cbunsel for Respondent No.2: None Appeared The Court made the following: % V, APHC010108242023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL APPEAL NO: 212 OF 2023 Between: Chilakamarthy Siva Rama Krishna ...APELLANT AND The State Of Andhra Pradesh and Others ...RESPODENT(S) Counsel for the Appellant: 1.PAVAN KUMAR PASUPULETI Counsel for the Respondent(S): 1.PUBLIC PROSECUTOR (AP) The Court made the following: JUDGMENT:- The present Criminal Appeal has been filed by the Appellant/ Complainant questioning the Judgment dated 10.02.2023 passed in C.C.No.467 of 2019 on the file of the Court of III Additional Metropolitan Magistrate, Vijayawada. 2. Heard Sri Pasupuleti Pavan Kumar, learned counsel for the Appellant. 3. As per Office Note, notice is served on respondent/ Accused, but none represented on his behalf. 4. Learned counsel for the Appellant would submit appearance of the appellant before the Trial Court, the that due to non case was dismissed for non prosecution. Since severe back ach of the petitioner, he could before the Trial Court and his absence before the intentional nor deliberate. Learned not appear Trial Court is neither counsel finally submits that as fair opportunity may be given to the appellant to prosecute the case before the Trial Court. 5. The record would show that the matter is coming up for evidence of the appellant for two times. even earlier to the date of dismissal. The respondent, having received notice, the respondent/ Accused did not raise any objection to oppose the Criminal Appeal. 6. Considering the submissions made, the Criminal on payment of costs of Rs. 10,000/- (Rupees ten thousand Appeal is allowed only) payable to the counsel for the respondent/ Accused before the Trial Court, within two (02) weeks from the date of receipt of a copy of this order. The impugned Judgment dated 10.02.2023 passed in C.C.No.467 of 2019 on the file of the Court of III Additional Metropolitan Magistrate, Vijayawada Is hereby set aside and the matter is remanded to the Trial Court for fresh disposal, according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- S.V.S.R.MURTHY JOINT REGISTRAR I //TRUE COPY// ' SECTION OFFICER 1. The III Additional Metropolitan Magistrate, Vijayawada, Krishna District. 2. The Additional Judicial Magistrate of First Class, Markapur, Prakasam District. 3. One CC to Sri Pavan Kumar Pasupuleti, Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. The Section Officer, Criminal Section, High Court of Andhra Pradesh at Amaravati. 6. Three CD Copies To. SAM sree f \ HIGH COURT DATED:04/03/2025 JUDGMENT CRLA.No.212 of 2023 ALLOWING THE CRLA