IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2203 OF 2025 Between: 1. Smt. Bammidi Laxmi, W/o. Rama Rao, Aged about 46 years, Occ House wife, R/o.D.No.5-8-501/1, Ashok Nagar colony, Kama Reddy, Nizamabad District, Telangana State. 2. Bammidi Rama Rao, S/o. Vasu Dev, Aged about 50 years, Occ Constable, R/o.D.No.5-8-501/1, Ashok Nagar colony, Kama Reddy, Nizamabad District, Telangana State ...Petitioner/Accused No. 4&5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court for the State of Andhra Pradesh, Amaravathi. 2. Pinakana Sarada, W/o. Ramarao, R/o.Chinanchala Village, aged about 36 years, Palasa Mandal, Srikakulam District, Andhra Pradesh ...Respondents/De-facto Complainants Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and quash the same / in the proceedings in CC No. 226 of 2019 (on the file of the Court of Hon’ble Judicial Magistrate of First Class, Palasa, Srikakulam District) I.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay of all further proceedings including appearance of the petitioners/A4 & A5 in CC No. 226 of 2019 (on the file of . the Court of Judicial Magistrate of First Class, Palasa, Srikakulam District) pending Dispose of the above Criminal petition. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Dasari S.V.V.S.V. Prasad Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent The Court made the following Order: % ' APHC010100042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2203/2025 Between: Smt.bammidi Laxmi, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. DASARI S V V S V PRASAD Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR The Court made the following Order: The petitioners are arraigned as accused Nos.4 and 5 in C.C.No.226 of 2019 on the file of the Judicial Magistrate of First Class, Palasa, Srikakulam District. The 2"^^ respondent has filed a complaint against her husband and his relatives. The police, after investigation, have filed a charge sheet, and the same was taken on file as C.C.No.226 of 2019. The 1®‘ petitioner is the sister of the 1®' accused, and the 2^^ petitioner is the husband of the 1®* petitioner. It 2. 2 4^ is submitted that the 2^^ petitioner is working as a constable in the State of Telangana, and they are residing in Nizamabad. It is submitted that the petitioners were not even issued a notice under Section 41A Cr.P.C and were completely unaware of the pendency of this case. The learned counsel for the petitioners submits that the accused and the 2^^ respondent obtained a decree of divorce from the Court of Additional District and Sessions Judge, 3''^ floor, Tamiuk, Purba Medinipur, State of West 3. Bengal, on 16.08.2018. The learned counsel for the petitioners submits that the only allegation against the petitioners is that they have involved themselves over the phone in instigating the alleged harassment to the 2"'' respondent. It is also submitted 4. that on account of the non-appearance of the petitioners before the learned Magistrate Court, Non-Bailable Warrants have been issued and they are pending. The learned counsel for the petitioners prays for staying of all further proceedings in the case. The petitioners have filed the quash petition seeking to quash C.C. No. 226 of 2019 on the file of Judicial Magistrate of First Class, Palasa, Srikakulam District. 5. The case has been pending for the last six (06) years, and the grant of a stay would serve no purpose. Therefore, this Court deems it appropriate to dispose of the quash petition by directing the petitioners to appear before the Judicial Magistrate of First Class, Palasa, Srikakulam District, and file a petition for the recall of the warrants. The learned Magistrate shall recall the 3 •^4 ' warrants of the petitioners, and further, the presence of the petitioners shall be dispensed with, subject to the petitioners submitting an undertaking to appear as and when required before the Judicial Magistrate of First Class, Palasa Srikakulam District, for the disposal of the case. With these observations, this Criminal Petition is disposed off. 6. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Palasa, Srikakulam District The Station House Officer, Kasibugga Police Station, Srikakulam District. One CC to Sri. Dasari S.V.V.S.V. Prasad, Advocate [OPUC] Two CCs to The Public Prosecutor, High Court of Andhra Pradesh [OUT] Three CD Copies 2. 3. 4. 5. MKP sree HIGH COURT DATED :04/03/2025 ORDER CRLP.No.2203 of 2025 * 2 8 MAR 2025 Co/. Current Section DISPOSING THE CRLP