Sandrana Demudu vs Galla Ramesh
2024 Latest Caselaw 7917 AP

Andhra Pradesh High Court - Amravati

Sandrana Demudu vs Galla Ramesh on 30 August, 2024

APHC010389282022

                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                         [3396]
                            (Special Original Jurisdiction)

                   FRIDAY ,THE THIRTIETH DAY OF AUGUST
                    TWO THOUSAND AND TWENTY FOUR
                                 PRESENT
 THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
                      CRIMINAL APPEAL NO: 409/2022
Between:
   SANDRANA DEMUDU, S/O LATE MUSALAYYA, HINDU, AGED 64
   YEARS, R/O D.NO.31-5-85, KAPUJAGGARAJUPETA, VADLAPUDI,
   VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.
                                                   ...APELLANT
                             AND
  1. GALLA RAMESH, , S/O NARAYANA RAO, HINDU, AGED 41 YEARS,
     R/O     D.NO.31-5-53, KAPUJAGGARAJUPETA,       VADLAPUDI,
     VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.
  2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
     PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT
     AMARAVATHI.
                                             ...RESPODENT(S):
Counsel for the Appellant:
   NARASIMHA RAO GUDISEVA
Counsel for the Respondent(S):
   1. V HEMANTH KUMAR
   2. PUBLIC PROSECUTOR (AP)

The Court made the following:

JUDGMENT:

Impugning the Order of dismissal of the complaint under Section 256

Cr.P.C in C.C.No.360 of 2017 on the file the Court of Additional Senior Civil

Judge-cum-VIII Additional Chief Metropolitan Magistrate, Gajuwaka, dated

04.07.2022, the Appellant / Complainant preferred the present appeal.

2. Heard Sri Narasimhara Rao Gudiseva, learned counsel for the

Appellant and Sri V.Hemanth Kumar, learned counsel for Respondent

No.1/Accused.

3. Learned counsel for the Appellant would submit that the absence of the

Complainant on a given date was not deliberate. Due to unavoidable

circumstances, he could not appear before the trial Court and unfortunately,

there was no representation on his behalf as such, the complaint was

dismissed. Learned counsel would submit that they got good grounds to

succeed in the case and prays for allowing the appeal.

4. Learned counsel for Respondent No.1 / Accused would submit that the

Court may pass appropriate orders.

5. Considering the submissions, since it is not a case of acquittal on merits

and is only dismissal of the complaint for the4 absence of the Complainant

before the trial Court on a given date, in the interests of justice, to give a fair

opportunity to the Appellant to pursue the complaint, this Court is inclined to

allow the appeal.

6. Accordingly, the appeal is allowed setting aside the impugned order

dated 04.07.2022 passed in C.C.No.360 of 2017 on the file of the Court of

Additional Senior Civil Judge-cum-VIII Additional Chief Metropolitan

Magistrate, Gajuwaka and the C.C is restored to the file. Both parties shall

appear before the trial Court on 19.09.2024 and on such appearance, the trial

Court is directed to dispose of the case as expeditiously as possible, without

granting adjournments in a casual way. Learned counsel on record are

directed to inform their respective parties about the direction given for their

appearance on 19.09.2024 before the trial Court, without fail. The learned trial

Judge need not issue any notice to the parties.

7. With the above observations, the criminal appeal is allowed.

Pending applications, if any, shall stand closed.

______________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:30.08.2024 Dinesh

HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL APPEAL No.409 of 2022 Dt.30.08.2024

Dinesh