1 APHC010083412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1948/2025 Between: Bulusu Vijayalakshmi, ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. MD SALEEM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 The Court made the following order: This Criminal Petition is filed under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) seeking to expedite the proceedings in S.C.No.89 of 2022, pending on the file of the IV Additional District and Sessions Judge’s Court, Kakinada, East Godavari District. 2. Learned counsel for the petitioner/de-facto complainant submits that the petitioner’s husband was murdered, and a case under Section 302 and 380 of the Indian Penal Code (for short “IPC”) was registered against respondent Nos.2 to 4/A2 to A4. Thereafter, the Deputy Superintendent of Police, CCS, Kakinada, took up investigation into the case and a charge sheet was filed before the V Additional Judicial First Class Magistrate, Kakinada, against respondent Nos.2 to 4. After due proceedings, the same has been transferred to Court of Session, Rajamahendravaram, which was registered as S.C.No.89 of 2022. Further, on administrative grounds, the said case was transferred to IV Additional District and Sessions Judge, Kakinada, East Godavari District, for commencement of trial. However, the matter could not be taken up for trial on account of accused No.2 absconding from hearing of the case. 3. On the other hand, learned Assistant Public Prosecutor submits that a non-bailable warrant was issued against the 2nd respondent on 26.04.2022. 4. Perused the record. 5. Considering the fact that the petitioner’s evidence would be crucial for prosecution, and non recording the petitioner’s evidence 3 by the Court on account of the pending warrant, against the 2nd respondent, may cause metal agony to the petitioner, having lost her husband, and she is prime witness in the case. As such, this Court is inclined to dispose of this criminal petition by passing the following order: The Investigating Officer concerned in S.C.No.89 of 2022, is hereby directed to take steps for filing necessary application before the IV Additional District and Sessions Judge, Kakinada, East Godavari District, for splitting up the case against the 2nd respondent or to take steps to produce him before the Court by executing the non-bailable warrant (NBW) issued against him within two (04) weeks. Further, the Trial Court shall proceed with trial in S.C.No.89 of 2022, after the requisite steps are taken up by the Investigating Officer. 6. With the above observation, this Criminal Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________ HARINATH.N,J Date: 17.03.2025 ANS 4 197 THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 1948/2025 Date: 17.03.2025 ANS