IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATlX THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE :PRESENT:

THE HONOURABLE SRI JUSTICE T MALLIKARJUNA lA No. 3 OF 2025 ^

IN V.X CRLRC NO: 525 OF 2025 Between:

Sammeta Rohit, S/o.

Kiran, Aged about 24 years, Occ: Student Premanent Resident of Flat No. 107, Haripriya Residency, Pedavadiapudi Village, Mangalagiri Mandal, Guntur District.

...Petitioner/Accused No.1/Respondent AND

1. Reddam Swathi, D/o. Koti Reddy, Aged ^about 24 years. Flat No. 101, Haripriya Residency, Pedavadiapudi Viliage, Mangalagiri Mandal Guntur District.

...Respondent/Defacto-Complainant/Petitioner

2. The State of A.P, Rep. By its Public ProsecuTor High Court at Amaravathi.

...Respondent/Respondent Petition under Section 48^f Cr.P.C.

r/w 528 of BNSS, is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant Stay of all further proceedings induing the appearance of the petifipner/Accused No.1 in S.C.No.639 of

2023 arising out of CRL. M.P. No:

29 of 2023 IN Cr.No. 125 OF 2020 (DISHA WOMEN P.S. GUNTUR) On The File of The Special Judge For Trail Of Offences Und^Jhe Protection Of Children .

From Sexual Offences Act (Pocso Act) Guntur, Guntur District, pending disposal of CRLRC No. 525 of 2025 , on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the grounds^led in support thereof and upon hearing the arguments of Sri C.B.Siddarth, Advocate for the Petitioner and Public Prosecutor for Respondent No.2, the Court made the following ORDER:

Heard. ^

It appears that, while taking cognizance, the learned Special Judge for Trial of Offences under the Protection of Children from Sexual Offences Act (POCSO Act), Guntur, directed that summons/notices be issued to A1 to A3 to appear before the Court. In pursuance of the summons, A2 and A3 appeared before the Court, however, the petitioner/A1 did not appear.

It further appears that. without effecting service of summons/notice on the petitioner/AI, the learned Special Judge directly issued a Non-Bailable Warrant (NBW)

against the petitioner. Though the order records that A1 was not served with summon/notice as A1 is residing in the USA, this Court i is of the view that the learned Special Judge ought not to have expected the presence of the petitioner/A1 without ensuring proper service of summons/notice.

especially when specific procedures are prescribed for service notice/summon in cases involving accused persons residing abroad.

Without taking appropriate steps for such service, the learned Special Judge proceeded to i issue an NBW against the petitioner/A1.

In view of the above facts and ci circumstances, this Court is inclined to suspend the order passed by the learned Special Judge issuing the Non-Bailable Warrant including the appearance of the petitioner/A1 in *, S.C.No.639 of 2023 arising out of Crl.M.P.No.29 of 2023 In Crime No.125 of 2020 (Disha Women Police Station, Guntur) on the file of the learned Special Judge for Trial of Offences under the Protection of Children from Sexual Offences Act (POCSO Act), Guntur.” ^

SD/- M.PRABHAKARA RAO ASSISTANT Rl TRAR //TRUE COPY//

SECTION OFFICER To, 1. The Special Judge For Trail Of Offences Under The Protection Of Children From Sexual Offences Act (Pocso Act) Guntur, Guntur District

3. The Station House Officer, Disha Women Police Station, Guntur.

4. Reddam Swathi, D/o. Koti Reddy, Aged about 24 years.

Flat No. 101 Haripriya Residency, Pedavadlapudi Village, Mangalagiri Mandal Guntur District.(by RPAD)

2. One CC to Sri Siddarth C.B., Advocate [OPUC]

3. Two CCs to PUBLIC PROSECUTOR. High Court of A.P., Amaravati.[OUT]

4. One spare copy.

PSD HIGH COURT \

TMR.J DATED:08/05/2025 LIST THE MATTER AFTER SUMMER VACATION, 2025 ORDER I.A.N0.3 OF 2025 IN CRLRC.No.525 of 2025 SUSPENSION