Extracted from the PDF above. The PDF is authoritative.
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA eB±MINAL PETITION NO: 1921 OF 2_g2± Betwee n : NH Vijay Anand, S/o. Rajendra Prasad, aged 54 years, R/o. 9th Battalion, Venkatgiri, Tirupati. ..lPETITIONER AND The State of Andhra Pradesh, rep., by its public prosecutor, High Court of Andhra Pradesh, Amaravathi through Station House Officer, Seethanagaram Police Station, Parvathipuram. ..,RESPONDENTS Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita of 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to declare the action of the Court of V AddI'tiOnal District Judge, Vizianagaram in issuing a Bailable Warrant vide Dis No. 71, Dt: 13.02.2025 to the petitioner in SC No. 26 of 2024 on the file of the Court of V Additional District Judge, Vizianagaram as erroneous, unjust, unlawful, defective & against the Principles Of natural justice and consequently, set aside the Bailable Warrant vide Dis No. 71, Dt: 13.02.2025 passed against the petitioner in sc No. 26 of 2024 on the file of the Court of V Additional District Judge, Vizianagaram. lIA. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crl-minal Petition, the High Court may be pleased to dispense with filing of the certified copy of vide Dis No.71, Dt:13.02.2025 passed against the petitionerI'n SC No.26 of
2024 on the file of the Court of V Additional District Judge, Vizianagaram, pending disposal of the main Crl.P.
I.A. NO: 2 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the operatl'on of the Bailable Warrant vide Dis No. 71, Dt: 13.02.2025 passed against the petitioner in SC No. 26 of 2024 on the file of the Court of V Additional District Judge, Vizianagaram. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K S S Narayana, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent.
The Court made the following ORDER:
ap APHCO10089902025 E#E] ETh]Th lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1921 OF 2025 Betwee n : NH Vijay Anand AND The State Of Andhra Pradesh Counsel for the Petitioner/accused:
1.K S S NARAYANA ...PETITIONER/ACCUSED ...RESPONDENT/COMPLAINANT Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR The Court made the following:
ORDER:- The instant CrimI'nal Petition is filed under Section 528 of the The Bharatiya Nagarik Suraksha Sanhita, 2023 (in short lBNSS'), by the Petitioner to set aside the Bailable Warrant vide Dis.No.71, dated 13.02.2025 in S.C.No.26 of 2024 on the file of the Court of V Additional District Judge, Vizianagaram. 5///
2. Heard Sri K.S.S.Narayana, leamed counsel for the Petitioner and learned Additional Public Prosecutor representing the State.
3. Learned counsel for the Petitioner WOuld Submit that the Petitioner iS the Investigating Officer in S.C.No.26 of 2024. Due to 'lll health and he was undergoing medical tests at Tirupati and the same was duly intimated tO the trial court and requested to post the matter to some other date for the purpose of his examination, but instead of granting time, the trial court issued Bailable warrant dated 13.02.2025 against the petitioner. The petit'loner is working at chittoor District, whereas the trial is commenced at Vizianagaram. In view of his ill health he was unable to attend the'`court on 13.02.2025.
4. Learned Additional Public Prosecutor for the respondenV State opposed to allow the Criminal Petition and requested to pass appropriate orders.
5. The petitioner filed Medical Reports along with Criminal Petition, but he is not admitted into any hospital or bed ridden, The petitioner is able to give evidence and discharging his duties at Chittoor District as contended by
learned counsel for the petitioner.
6. Considering the submissions made, this Court is directed the petitioner appear before the trial court on 27.02.2025 without fail.
7. Accordingly, this Criminal Petition is disposed of. Pending applications, if any, shall stands closed.
sd/-SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// To'1. The V Add-It-lOnaI Distr-lot Judge, Vizianagaram- _. :..`.-- ~,, SECTION OFFICER
2. The Statl'on House officer, seethanagaram police stall-on, Parvathipuram.
3. One CC to SRl. K S S NARAYANA Advocate [opuc]
4. Two CCs toPublic Prosecutor, High Court of Andhra Pradesh at Amaravathi. [ouT]
5. Three CD Copies Chp Vna die
HIGH COURT • DATED:21/02/2025 i JCn
ORDER CRLP.No.1921 of 2025 DISPOSING OF THE CRIMINAL PETITION