APHC010077292026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 164/2026 Between: VADDE RAGHU, S/O. VADDE SURI BABU,AGED ABOUT 26 YEARS,R/O. KOTHAPETA, DHONE TOWN AND MANDAL NANDYAL DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SUB-DIVISIONAL POLICE OFFICER,DHONE, NANDYAL DISTRICT, THROUGHPUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI. ...RESPONDENT Counsel for the Petitioner: V. NITESH Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following: ORDER: The instant Criminal Revision Case under Sections 438 & 442 of BNSS has been filed by the Petitioner / Accused No.1 seeking to set aside the Order dated 23.12.2025 passed in C.F.R.No.3264 of 2025 by the learned Special Judge for trial of cases under SCs & STs (PoA) Act-cum-VI Additional Sessions Judge, Kurnool. 2. Heard Sri V.Nitesh, learned counsel for the Petitioner and Sri K.Sandeep, learned Assistant Public Prosecutor. 3. Learned counsel for the Petitioner would submit that issuance of NBW in the first instance without taking recourse to other steps of summons to secure the presence of the Petitioner would impair the personal liberty 2 guaranteed under Article 21 of the Constitution of India. Learned counsel would further submit that the Petitioner was not present on 04.09.2023 as he was suffering from Typhoid and due to other ailments. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. This Court called for the complete information regarding the adjournments granted by the learned trial Judge in SCSTSC No.144 of 2021. As seen from the docket sheet proceedings submitted by the learned trial Judge, after taking cognizance of the offences against Accused Nos.1 and 2, the matter was initially posted to 23.09.2021. From 23.09.2021, the matter was adjourned several times by granting time of more than two months for each and every adjournment. While so, on 04.09.2025 a Non-Bailable Warrant was issued against Accused No.1 and again the matter was adjourned to 04.11.2025. Since then, the warrant is pending against Accused No.1 and the matter continued to be adjourned till 24.04.2026. In the meanwhile, Petitioner / Accused No.1 filed a petition in C.F.R.No.3264 of 2025 under Section 70(2) of Cr.P.C to recall the NBW issued against him on 04.09.2025. The learned trial Judge dismissed the said petition on the ground of non-appearance of the Petitioner before the Court. 6. In the case at hand, the offence alleged against the Petitioner is one under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (for short, “the Act”) other than the offences under IPC. The Act is a special legislation enacted with the 3 avowed object of preventing atrocities against members of Scheduled Castes and Scheduled Tribes and to provide for Special Courts for the trial of such offences so as to ensure speedy justice. 7. Section 14 of the Act mandates the establishment of Special Courts and Exclusive Special Courts for trial of offences under the Act. Sub-section (2) thereof specifically provides that the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet. Though the said provision is directory in nature, it reflects the legislative intent that prosecutions under the Act shall not be allowed to linger and must be concluded with utmost expedition. Further, the right to speedy trial is an integral facet of Article 21 of the Constitution of India. The said principle applies equally to proceedings under the present Act, balancing both the rights of the victim and the Accused. Delay in trial not only defeats the object of the special enactment but also undermines public confidence in the administration of justice. 8. It is pertinent to mention that, the docket proceedings disclose that after taking cognizance, the matter was adjourned on several occasions with long intervals. The NBW came to be issued on 04.09.2025. Thereafter, the matter continued to be adjourned while the warrant remained pending. The explanation offered by the Petitioner that he could not attend the Court due to illness cannot be brushed aside outright, particularly when no material is placed to show that he has a history of non-cooperation. It is also relevant to note that the Petitioner approached the trial Court by filing an application 4 under Section 70(2) Cr.P.C. seeking recall of the NBW. Though the said application was dismissed on the ground of his non-appearance, the fact remains that the Petitioner has evinced an intention to submit to the jurisdiction of the Court and contest the matter on merits. 9. In such circumstances, this Court is of the considered view that the ends of justice would be adequately met by recalling the NBW, subject to stringent conditions that secure the presence of the Petitioner and ensure smooth conduct of trial. Imposition of conditions such as execution of bond with sureties ensuring his presence before the trial Court on every date of hearing would sufficiently safeguard the interests of prosecution, and also the personal liberty of the Petitioner. 10. In that view, the Criminal Revision Case is allowed setting aside the Order dated 23.12.2025 passed in C.F.R.No.3264 of 2025 passed by the learned trial Judge. The Petitioner shall appear before the trial Court and produce sureties to satisfaction of the trial Court on or before 01.03.2026 assuring his presence before the trial Court on each and every adjournment. On production of such sureties, the learned trial Judge is directed to recall the Non-Bailable Warrant issued against the Petitioner, proceed with the matter and dispose of the same as expeditiously as possible. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:17.02.2026 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.R.C.No.164 of 2026 Dt.17.02.2026 Dinesh