Majjiga Mani Babu Dilip Kumar Reddy vs Kailasa Sampath Prince
2024 Latest Caselaw 7496 AP

Andhra Pradesh High Court - Amravati

Majjiga Mani Babu Dilip Kumar Reddy vs Kailasa Sampath Prince on 21 August, 2024

            IN THE HIGH COURT OF ANDHRA PRADESH
                          AT AMARAVATI
                   (Special Original Jurisdiction)

        WEDNESDAY, THE TWENTY FIRST DAY OF AUGUST
             TWO THOUSAND AND TWENTY FOUR

                              PRESENT
 THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

              CRIMINAL APPEAL (S.R.) NO: 7085/2024

Between:
Majjiga Mani Babu @ Dilip Kumar Reddy       ...Appellant/Complainant

                               AND
The State of Andhra Pradesh and another      ...Respondent/Accused

Counsel for the Appellant/Complainant
     1. K.PALLAVI
Counsel for the Respondent/Accused
     PUBLIC PROSECUTOR (AP)
The Court made the following:
JUDGMENT:

Impugning the order passed in C.C.No.835 of 2023 on the file of

the Judicial Magistrate of First Class, Special Mobile, Nellore, dated

18.04.2024, the present criminal appeal has been filed.

2. Heard Ms. K.Pallavi, learned counsel for the Appellant and Ms.

K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing

the State/Respondent No.2.

3. Learned counsel for the Appellant would submit that Accused

did not make his appearance before the trial Court, at the stage of

issuance of summons against the Accused on a given date. The case

VJP,J

was dismissed for default, since the complainant failed to appear

before the trial Court. Learned counsel further would submit that a fair

opportunity may be given to the complainant to pursue the matter.

4. Learned Assistant Public Prosecutor would submit that the Court

may pass appropriate orders.

5. As can be seen from the impugned judgment, except mentioning

the absence of the complainant on the given date, order is bereft of

any details. As the accused did not appear before the trial Court and

the matter was coming up for issuance of summons on the accused,

notice to the accused is dispensed with.

6. Considering the submissions made and in the interest of justice,

the Criminal Appeal is allowed. C.C.No.835 of 2023 on the file of the

Court of Judicial Magistrate of First Class, Special Mobile, Nellore is

restored to file. Learned trial Judge is directed to dispose of the case

according to law, as expeditiously as possible.

Pending miscellaneous petitions, if any, shall stand closed.

______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 21.08.2024 PND