APHC010612552023 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: 9845/2023 Between: 1. SRI YECHURI SURYANARAYANA MURTHY, S/O Y.V.SOMAYAJULU, AGED 63 YRS , D.NO.30-11-19 AND 20 ,SHREE SUBHADRA' S CASTLE , LAKSHMI STREET, DABAGARDENS, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA RPADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT AT AMARAATHI. 2. PATHAN ABDUL KHADAR JILANI, S/O JANE SAHIB KHAN, AGED 54 YRS , D.N0.37-3-77 , FLAT NO.301 ,3RD FLOOR APSARA JUNCTION, GAJAPATHLNAGAR KANCHARAPALEM VISAKHAPATNAM. ...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 CourtMay be pleased to pass an Order to Quash the Impugned Non-Speaking Order dt 28-08-2023 passed in C.C.N0.2163/2022 on the file of II Additional Chief Metropolitan Magistrate Court at Visakhapatnam against the Petitioner/Complainant there by to Restore the Complaint in C.C.No.2163/2022 on the file of II Additional Chief Metropolitan Magistrate Court at Visakhapatnam to file in the interest of the justice IA NO: 1 OF 2023 Petition under Section 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 Court may be pleased pleased to pass an Order to Dispose of the Criminal Petition in expeditious manner in the interest of the justice and pass Counsel for the Petitioner/accused: 1. R SIVA SAI SWARUP Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No:9845/2023 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner seeking quashment of the Impugned Non-Speaking Order dt 28-08-2023 passed in C.C.N0.2163/2022 on the file of learned II Additional Chief Metropolitan Magistrate Court at Visakhapatnam against the him and thereby to Restore the Complaint in C.C.No.2163/2022 on the file of II Additional Chief Metropolitan Magistrate Court at Visakhapatnam. 2. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is the complainant who filed a private complaint in C.C.No.2163 of 2022 on the file of the learned II Additional Chief Metropolitan Magistrate, Visakhapatnam. He would further submit that the learned Magistrate dismissed the complaint for non-prosecution under Section 256 Cr.P.C. on the ground of non-payment of process for issuance of a bailable warrant against the accused, though the matter was posted only for payment of process. It is contended that the absence of the complainant before the trial Court was neither willful nor intentional, but occurred as the counsel engaged in another court and could not appear when the matter was called. Learned counsel therefore submits that a fair opportunity be granted to the complainant to prosecute the case on merits. 4. Considering the submissions made and a fair look at the impugned order passed by the learned Magistrate, it is evident that the complaint was dismissed solely on the ground that the process was not deposited for issuance of a bailable warrant against the accused. At that stage, the personal presence of the complainant was not necessary and the dismissal of the complaint for non-prosecution cannot be sustained. 5. In order to afford a fair opportunity to the complainant to prosecute the case, the criminal petition is allowed and the impugned order dated 28.08.2023 is hereby set aside, and C.C.No.2163 of 2022 is restored to file. The learned Magistrate is directed to proceed with the matter and dispose of the case as expeditiously as possible, without granting unnecessary adjournments in a casual manner or on mere asking. As a sequel thereto, miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ___________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.12.2025 KKV