M A IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINALPETITIONNO: 4555 OF 2025 Between: 1. Cosmos Entertainment, Rep by its authorized person, J.Phanindra Kumar, Aged- 57 years, Occ: Business, R/o. Flat No.B2, Vijayavatika, New 303, Saravana Street, T. Nagar, Chennai-600017 complaint-Flat No.3, Eshwari Chinnidale, New No.5, Vidyodaya Main Road, T.Nagar, Chennai-600017, Tamil Nadu State. 2. J.Phanindra Kumar, S/o. Jasthi Raja, Aged about- 57 years. Flat No.B2, Vijayavatika, New 303,Saravan Street, T.Nagar, Chennai-600017, As per complaint- R/o. Flat B-1, Himadri Apartments, H.No.36, Old 25, Raman Street, Thiyagaraya Nagar, Chennai-600017, Tamil Nadu State. As per ...Petitioner/Accused No.1 & 2 AND 1. State of Andhra Pradesh, Rep. by P.P. High Court, Amaravathi. ...1®* Respondent/Respondent 2. G.Rama Krishna, S/o. Ramaiah Aged about 69 years, R/o. 9/16, Medara Street, Proddatur Town, Kadapa District. ...2"'' Respondent/Complainant % Petition under Section 528 of BNSS r/w 50 (2) praying that in the of Criminal Petition, quash the docket order dt.01.04.2025 in circumstances stated in the Memorandum of Grounds the High Court may be pleased to / No. 1814/2025 in C.C. No. 262/2020 ■''Additional Judicial on the file of Hon’ble First Magistrate of First Class, Proddatur and to consequentially direct the Magistrate to recall the NBWs issued against the . petitioner/accused on 08.04.2022 without insisting the presence of the petitioner/accused. I.A. NO: 1 OF Petition under Section circumstances stated in the Memorandum of Grounds the High Court may be pleased to said criminal proceedings vide C.C. No. ‘ First Additional Judicial Magistrate of First Class the Petitioners pending disposal of this Criminal 528 of BNSS praying that in the of Criminal Petition. grant stay of further proceedings in the 262 of 2020 on the file of Hon’ble Proddatur pending against Petition. This Petition coming on for hearing, upon perusing the Memorandum - upon hearing the arguments of Sri A and the Public Prosecutor and none appeared for the Respondent of Grounds of Criminal Petition and Tulsi Raj Gokul, Advocate for the Petitioner on behalf of the Respondent No.1 No.2. The Court made the following: 1 CRLP.No.4555 OF 2025 % APHC010214652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4555/2025 Between: Cosmos Entertainment, and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.ATULSI RAJ GOKUL Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 CRLP. NO.4555 OF2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4555 OF 2025 ORDER: 1. Heard the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. This criminal petition is filed aggrieved by the docket order dated 01.04.2025 in CrI.M.P. No.1814 of 2025 in C.C. No.262 of 2020 passed by the First Additional Judicial Magistrate of First Class, Proddatur, whereby the learned Magistrate dismissed the petition under Section 70(2) Cr.P.C. filed by the petitioner. 3. The learned counsel for the petitioner submits that the summons not duly served upon the petitioner, as the address mentioned in the cause title differs from the petitioner’s actual address. 4. The leaned counsel further submits that the learned First Additional Judicial Magistrate of First Class, vide order dated 01.04.2025, dismissed the petition on the grounds that the petitioner had appeared before the Court and that the plea regarding the discrepancy in the address was not substantiated by any documentary evidence. The petitioner had also submitted a medical certificate in support of the petition for recall of the warrant due to their inability to appear in person. However, despite considering these submissions, the learned Magistrate dismissed the petition. were f never 1 3 \ CRLP. NO.4555 OF 202S 5. It is further submitted that the petitioner subsequently appeared in person and reiterated the request for recall of the warrant. 6. Upon considering the submissions, the order, dated 01.04.2025, passed by the learned Magistrate in Crl.M.P.No.1814 of 2025 in C.C. No.262 of 2020 is hereby set aside. The petitioner is directed to appear before the learned Magistrate within 15 days from the date of this order and file a fresh petition under Section 70(2) Cr.P.C. The learned Magistrate shall consider the petition for recall of warrant by imposing certain conditions as deemed necessary for the expeditious disposal of the C.C. No.262 of a 2020 pending on its file. 7. Accordingly the criminal petition is disposed of. 8. Miscellaneous petitions, if any, pending in this criminal petition shall Sd/- N NAGAMMA ASSISTANT REGISTRAR stand closed. //TRUE COPY// ' SECTION OFFICER To, 1. The First Additional Judicial Magistrate of First Class, Proddatur, YSR Kadapa District. 2. One CC to Sri A Tulsi Raj Gokul Advocate [OPUC] 3. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Two CD Copies SAM / HIGH COURT DATED: 28/04/2025 ORDER CRLP.No.4555 of 2025 DISPOSING OF THE CRLP