APHC010498932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0^ THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9811 OF 2025 Between: Smt. Koripalli Surekha, aged 50 years, Female, Occupation: House wife, W/o.Nagaraju Gandhi, R/o. Nunani Nagarm, Sri Govinda Nilayam, Gas Godwon Road, Tangellamudi, Eluru, West Godavari District. ...Petitioner/Accused AND 1. State of Andhra Pradesh, rep. by its Public Prosecutor (through Station House Officer, Bhavanipuram, Vijayawada, Krishna District) Court Buildings, Nelapadu, Amaravathi, Guntur District. 2. Sri Anam Mohan Reddy, Male, aged 68 Subbareddy, R/o.MIG-123/F-l, High years, S/o.Venkata A.P.Housing Board Colony, Bhavanipuram, Vijayawada, Krishna District. ...Respondents Petition filed under Section 528 of BNSS circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to recall N.B.W. which was issued against the praying that in the , the petitioner on 13-12-2023 in Cri.M.P.No.1965 of 2025 in C.C.No.2422 of 2021 on the file of Chief Judicial Magistrate Court, Vijayawada, Krishna District. lA NO: 1 OF 2Q2fi Petition filed under Section 482 of Cr.P.C/Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crl.M.P.No.1965 of 2025 in C.C.No.2422 of 2021 on the file of Chief Judicial Magistrate at Vijayawada including personal appearance of petitioner/Accused till the disposal of main Quash Petition. Counsel for the Petitioner: Sri B.P.Raju Counsel for the Respondent No.1; Ms. Lakshmi Prasanna, Assistant Public Prosecutor Counsel for the Respondent No.2:-- The Court made the following: 1 APHC010498932025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I • THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9811 OF 2025 Between: 1. Smt. Koripalli Surekha,, aged 50 years, Female, Occupation- House wife, W/o. Nagaraju Gandhi, R/o. Nunani Nagarm Sri Govinda Nilayam, Godwon Road, Tangellamudi, Eluru. West Godavari District. Gas ...Petitioner AND 1. State of Andhra Pradesh, rep. by its Public Prosecutor (through Station House Officer, Bhavanipuram, Vijayawada,Krishna District), Buildings, Nelapadu, Amaravathi. Guntur District. 8! High Court 2. Sri Anam Mohan Reddy, , Male, aged 68 years, S/o. Venkata Subbareddy, R/o.MIG-123/F-l, A.P. Housing Board Colony, Bhavanipuram, Vijayawada. Krishna District. 1 ...Respondents 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 Recall N.B.W. which was issued against the petitioner on C.C.No.2422/2021 on the file of Hon'ble Chief Judicial Magistrate Court, Vijayawada, Krishna District and pass 13-12-2023 in CrI.M.P.No.1965/2025 in lA NO: 1 OF 9071^ Petition under Section 482 of Cr.P.C and 528 of BNSS Circumstances stated in the Memorandum High Court may be pleased pleased praying that in the of Grounds of Criminal Petition,the to grant stay of all further proceedings in on the file of Hon’ble Chief CrI.M.P.No, 1965/2025 in C,C,No.2422 of 2021 Judicial Magistrate 3t Vijayawada including petitioner/Accused till the disposal of Main personal appearance of Quash Petition and pass Counsel for the Petitioner: B P RAJU Counsel for the Respondents: PUBLIC The Court made the following order: PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9811 OF 2025 ORDER: Heard Sri B.P.Raju, learned counsel for the petitioner and Sri Lakshmi Prasana, learned Assistant Public Prosecutor representing the state is in attendance. Learned counsel for the petitioner submits that the petitioner, a woman aged about 50 years, is facing trial in C.C. No.2422 of 2021 on the file of the learned Chief Judicial Magistrate, Vijayawada, Krishna District. The petitioner had appeared before the Court in compliance with summons, and the Court directed her to execute a self-bond with two sureties. However, due to severe health issues, the petitioner could not appear before the Court, and consequently, a Non-Bailable Warrant (NBW) was issued against her on 13.12.2023. Learned counsel further submits that having came to know about the non bailable warrant, the petitioner filed CrI.M.P. No.1965 of 2025 in C.C. No.2422 of 2021 under Section 72 of BNSS seeking cancellation of the NBW by condoning her absence. The learned Magistrate, however, dismissed the said petition on the ground that no medical record was filed. Aggrieved thereby, the present petition has been filed. It is contended that the petitioner, being an accused, may be given an opportunity to prosecute her case by imposing appropriate conditions. 02. ( As seen from the record, the petitioner failed to comply with the directions of the trial Court on her first appearance to execute a self-bond of Rs. 10,000/- with two sureties. The learned trial Judge, therefore, rightly issued an NBW on 13.12.2023 in view of her continuous absence. The petition filed by the petitioner for recall of the NBW was dismissed on the ground of lack of medical evidence. Be that as it may, since the petitioner is an accused, an opportunity may be afforded to her to place her defence before the Court for administration of justice. 03. 4 04. In view of the submissions and considering the plea that the absence was due to severe health issues, the impugned order is set aside petitioner’s The petition is allowed, directing the petitioner to appear before the trial Court and execute a self-bond for Rs.20,000/- with two sureties for a like sum each, to the satisfaction of the concerned Court to ensure her presence on ail further dates of hearing till disposal of the case. Accordingly, the criminal petition is allowed and the impugned order i: set aside. There shall be no order as to costs. As a sequel, thereto miscellaneous petitions pending if any, shall stand IS closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR OFFICER //TRUE COPY// SECTION To. 1. The Chief Judicial Magistrate. Vijayawada, Krishna District. 2. One CC to Sri B.P.Raju, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of AP at Amaravati 4. Two CD Copies [OUT] BSV sree HIGH COURT DATED:18/09/2025 ORDER CRLP NO. 9811 OF 2025 l( 2 4 OCT 2025 'W wmSKtit ssaic: ALLOWING THE CRIMINAL PETITION WITHOUT COSTS