IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2531 OF 2025 Between: S.Ashok Kumar, S/o. S. Satyanarayana, Aged about 47 Years, Occ: Private, R/o. D. No. 29/193-1, Maruthi Nagar, Dharmavaram, Sri Satya Sai District. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by Police, Dharmavaram I Town Police Station Sri Satya Sai District, Andhra Pradesh. Through public prosecutor. High Court of A.P At Nelapadu,Guntur District. 2. K. Dhanunjaya,, S/o. Late Sanjeevarayudu, Aged about 46 Years, Occ Business, R/o. D. No. 1/1330, ADCC Bank Colony, Ananthapur Town and District. ...RESPONDENT/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 Quash by setting aside the docket Order dated 12-06-2024 passed in CRL.M.PNo. 1557 of 2024 in. C.C No. 1626 of 2022 in dismissing the Petition filed to recall of N.B.W’s issued as against the Petitioner A1 on the file of the Hon’ble AddI Junior Civil Judge Cum I Class Magistrate, At Dharmavaram. 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 dispense with the filing of the certified copy of C.C No. 1626 of 2022 pending before the Court of Hon’ble Judicial Magistrate of 1st Class court Dharmavaram. I.A. NO: 2 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 the execution of N.B.Ws dated 12- 06-2024 in CRL.M.P No. 1557 of 2024 in. C.C No. 1626 of 2022 pending on the file of the Hon’ble AddI Junior Civil Judge Cum I Class Magistrate, At Dharmavaram. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bandi Srihari Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent. The Court made the following: APHC010106482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2531 OF 2025 Between: ...PETITIONER/ACCUSED S Ashok Kumar AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: Sri Bandi Srihari Counsel for the Respondent/complainant(S):Ld. Public Prosecutor The Court made the following order: 1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner was arraigned as A.1 in C.C. No. 1626 of 2022 on the file of the Additional Junior Civil Judge-cum-First Class Magistrate, Dharmavaram. The learned counsel submits that the petitioner was unable to appear before the learned Magistrate, which led to the issuance of a non-bailable warrant. The petitioner subsequently filed an application in CrI. M.P. No. 1557 of 2024 under Section 70(2) of the Code of Criminal Procedure, Contd...2P... -2- CRLP. NO.2531OF2025 1973, seeking recall of the non-bailable warrant. However, by an order dated 12.06.2024, the learned Magistrate dismissed the application. 3. The learned counsel further submits that the petitioner was unaware of the warrant, as the learned counsel representing the petitioner before the trial court did not inform him about the proceedings. As such, the petitioner engaged a new counsel after obtaining no objection certificate from the previous counsel. Considering the submissions of the learned counsel for the petitioner, this Court is inclined to grant an opportunity to the petitioner to appear before the Additional Junior Civil Judge-cum-First Class Magistrate, Dharmavaram, and submit an application in C.C. No. 1626 of 2022 under Section 70(2) of the Bharatiya Nagarik Suraksha Sanhita. The learned Magistrate shall dispose of the application on its merits on the same day. 4. 5. According the criminal petition is disposed off. Miscellaneous petitions, if any, pending in this criminal petition shall Sd/- U. SRIDEVI ASSISTANT registrar 6. stand closed. //TRUE COPY// / SE N OFFICER To, 1. The AddI Civil Judge (Junior Dharmavaram 2. The Station House Officer Dharmavaram Satya Sai District, 3. One CC to Sri Bandi Srihari, Advocate [OPUC] 4. Two CC s to The Public Prosecutor, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies, mkp Division) Cum I Class Magistrate At I Town Police Station Sri HIGH COURT DATED:11/03/2025 ORDER CRLP.No.2531 of 2025 I 0 ^ AP.^ m I ^ . Current Section . o c? SPAtCW® DISPOSING THE CRLP /