APHC010107202025 if I IN THE HIGH COURT OF ANDHRA PRA AT AMARAVATI r WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2502 OF 2025 Between: 1. Shaik Sajeda, W/o Shaik Dawood Basha, Aged 29 Years, R/o H-No 22-61-FI Sangaiahpeta, Nandikotkur Town and Mandal, Nandyal District. 2. Shaik Afsana Nasheen, D/o Shaik Dawood Basha, Aged 3 Years, Minor, (Petitoner No. 2 under care and custody of her Mother Shaik Sajeeda ( petitioner no. 1 ) R/o H-No Nandikotkur Town and Mandal, Nandyal District. 22-61-FI Sangaiahpeta ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court at Amaravathi. 2. Shaik Dawood Basha, S/o Shaik Mahaboob Basha, Aged 36 Years, Software Engineer, Working at Hyderabad, R/o H-No 22-41/A4, Sangaiahpeta, NandikotkurTown and Mandal, Nandyal District. ...Respondents 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 the Docket order dated 05.02.2025 passed in M.C.No.6 of 2023 on the file of Judicial Magistrate of 1®' Class, Nandikotkur, ; ■» and not accepting evidence by way of an atfidavit and permitting petitioner No.1 to tender the same in her examination - in chief and not providing to the I is illegal and direct the learned Magistrate to accept evidence by way of affidavit an examination-in chief of petitioner No.1 in M.C.No.6 of 2023 in view of law laid down by Honorable Supreme Court held in Badshah Vs Sou.Urmila Badshah reported in 2014 (1) see and Iqbal Bano Vs State of U.P. 2007 (6) see 785, wherein the Honorable Apex eourt proceedings under Section 125 of the Sode of ehminal Procedure in nature. 2 respondent to cross-examine the petitioner No.1 and another reported in expressly held that the are in civil lA NO: 1 OF 2a9fi 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 suspend the Docket Order dated M.C.No.6 of 2023 05-02-2025 passed in on the file of Judicial Magistrate of 1®‘ Class, Nandikotkur and direct the learned Magistrate to accept the chief examination affidavit of on the file of Judicial pending disposal of the main Criminal the petitioner No.1 as P.W.1 in M.C.No.6 of 2023 Magistrate of 1^‘ Class Nandikotkur, Petition. Counsel for the Petitioners: Sri Budige Bhoja Raam Counsel for the Respondents: Public Prosecutor The Court made the following order: APHC010107202025 iN THE HIGH COURT OF ANDHRA AT AMARAVATI PRADESH WEDNESDAY,THE SECOND DAY l TWO THOUSAND AND TWENTY PRESENT the honourable SRI JUSTICE HARINATH. CRIMINAL PETITION NO- qf OF JULY FIVE N 2025 Between: R/o H^No 1°FI 's'° Sasha, Aged 29 Years, V Nasheen, D/o Shaik Dawood Basha Aaed 3 Mother Shaik Sajeeda ( petitioner no. 1 ) R/o H-No 22-61 FI Sangaiahpeta, Nandikotkur Town and Mandal, Nandyal District. and ...Petltioner(S) AND 1. THE STATE OF ANDHRA PRADESH Prosecutor, High Court at Amaravathi. Ye!lr Mahaboob Basha, Years, Software Engineer, Working at Hyderabad, R/o H^No 22- DisWct '^®"'''''°'^"^Town and Mandal, Nandyal rep. by its Public Aged 36 ■..Respondent(S); THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2502 OF ORDER: The learned counsel for the petitioner is aggrieved by the docket order dated 05.02.2025 passed in M.C. No.06 of 2023 on the file of the learned Judicial First Class Magistrate, Nandikotkur. By the said docket order, the learned Magistrate declined to accept the chief affidavit filed by P.W.1 and directed the petitioner to produce accordance with Section 126 of the Code of Criminal Procedure, 1973 (Cr.P.C.). evidence in 2. It IS the contention of the learned counsel for the petitioner that Section 126 Cr.P.C. does not mandate that the evidence should be ' recorded in the physical presence of the Magistrate, but only requires the presence of the person against whom an order for maintenance is proposed to be made. 3. Upon hearing the learned counsel for the petitioner and perusal of the material available on record, as well as considering the legal position under Section 126 Cr.P.C., this Court is of the considered view that the impugned docket order passed by the learned Magistrate is not legally sustainable apd is liable to be set aside. on 3 Accordingly, the docket order dated 05.02.2025 passed in M.C. No.06 of 2023 on the file of the Judicial First Class Magistrate, Nandikotkur is hereby set aside. The chief affidavit of P.W.1 shall be treated as examination-in-chief. The learned Magistrate is directed to proceed further with the matter in accordance with law. 4. 5. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous applications, if any, pending in this Criminal Petition shall stand closed. There shall be no order as to costs. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR \- \ //TRUE COPY// SECTION OFFICER To 1. The Judicial Magistrate of 1®‘ Class, Nandikotkur. 2. One CC to Sri. Budige Bhoja Raam, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Two CD Copies PNM sree HIGH COURT DATED:02/07/2025 ORDER CRLP NO. 2502 OF 2025 ,T'\ 2 8JUL 2025 ' a: o Co DISPOSING THE CRIMINAL PETITION