APHC010067132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 1021/2026 Between: 1.AMAR CONCEPT SCHOOL, REPRESENTED BY SECRETARY CUM CORRESPONDENT AMARESWARAREDDY GONTU S/O RAMA REDDY AGED 40 YRS, D.NO.58-18-87NEAR NSTL BACKSIDE NAD KOTTHA ROAD, VISAKHAPATNAM. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PUBLIC PROSECUTORHIGH COURT AT AMARAVATHI. 2.HIMAMSU BOOK DEPOT, REPRESENTED BY ITS PROPRIETRIX SMT K. JAYALAKSHMIW/O K.V.S.K PRASAD, AGED 50 YRS RAMRAJ TOWERSREDNAM GARDENS, DABAGARDENS, VISAKHAPATNAM ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.RAVURI LEELA SAI SAMPATH Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: 2 ORDER: Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioner/Accused, seeking to quash the proceedings in C.C.No.991 of 2019 on the file of the learned Special Magistrate Court II Visakhapatnam. 2. Heard the learned Counsel for the Petitioner and the learned Assistant Public Prosecutor. 3. The Criminal Petition has been filed challenging the order dated 09.08.2023 in C.C.No.991/2019 on the file of the learned Special Magistrate Court II Vizakhapatnam in directly issuing NBW without issuing summons to the Petitioner. 4. The Hon’ble Apex Court in Inder Mohan Goswami v. State of Uttaranchal1, held that the Courts should issue at the first instance either summons or bailable warrants. Issuance of NBW straightaway without resorting to any of the above modes is deprecated. 5. The Hon’ble Apex Court in Sharif Ahmed v. State of U.P2 at paragraph No.78 and in Satender Kumar Antil v. CBI3, at paragraph Nos.34, 35 also expressed the same view. 6. In the instant case also, the learned Magistrate has opted for issuing NBW straight away, he has not exhausted the remedies of either issuing summons or at least issuing bailable warrants. 1 (2007) 12 SCC 1 2 (2024) 14 SCC 122 3 (2022) 10 SCC 51 3 7. Considering the facts and circumstances of the case, the Criminal Petition is disposed of, the NBW issued on 09.08.2023 is recalled, the Petitioner shall appear before the learned Trial Court on next date of adjournment i.e., on 12.03.2026 without fail. On such appearance before the learned Trial Court, the learned Trial Court is directed to proceed in accordance with law with the case. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO,J Date: 06.03.2026 VTS