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2025 DAILYLAW 51207 (AP)

Golla Anthony v. Manchem Veerraju

CRLP/13277/2025 · 2025-12-21

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010697802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13277/2025 Between: 1. GOLLA ANTHONY, S/O RAGHAVALU AGED ABOUT 54 YEARS, OCC EMPLOYEE, R/O D. NO. 7-103, KESARAPALLI VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. MANCHEM VEERRAJU, S/O SATTI RAJUAGED ABOUT 42 YEARS, OCC BUSINESS,R/O NUZVID TOWN AND MANDAL,KRISHNA ELURU DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY THROUGH PUBLICPROSECUTOR, HIGH COURT AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13277/2025 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, seeking quashment of the docket Order dated 21.08.2025 passed by the learned Special Magistrate, Nuzvid in Crl.M.P.No.1199 of 2025 in C.C.No.206 of 2025. 2. Heard Sri Sreenivasa Rao Velivela, learned Counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. As the impugned Order was passed for non prosecution, notice to the other side is dispensed with. 3. Learned counsel for the petitioner would submit that the petitioner herein is the accused facing trial in C.C.No.206 of 2025 on the file of Special Magistrate Court, Nuzvid. Learned counsel for the petitioner would submit that the petitioner is a teacher and he is ready to appear before the Court to pursue the matter. In fact, the matter is transferred from the learned I Additional Judicial First Class Magistrate, Nuzvid to the learned Special Magistrate Court, Nuzivd vide Old STC.No.162 of 2023. The Junior Advocate could not represent the matter, since the number is changed before the learned Special Magistrate Court, Nuzvid. He would further submit that an application was filed to recall the Non-Bailable Warrant and the same was 3 dismissed for default. Learned counsel for the petitioner would further submit that an opportunity may be given to the petitioner to pursue his matter by recalling the Non-Bailable Warrant pending against him. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. As can be seen from the record, the petitioner herein filed an application to recall NBW pending against him. The said application was dismissed for default. Be that as it may, it is not the case that the petitioner did not choose to attend before the Court. The petitioner is working as Government Teacher. He intends to prosecute his matter. Considering the same, in the interest of justice, this Criminal Petition is allowed. The impugned Order is set aside and the petition is restored. The learned Magistrate is directed to hear the matter and take appropriate decision over the matter by taking appropriate sureties to assure the presence of the petitioner before the Court for future adjournments for quick disposal of the matter. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.12.2025. UPS 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13277/2025 Dated.22.12.2025 UPS 204