THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL APPEAL No.901 of 2025

JUDGMENT:

This Criminal Appeal is filed by the appellant/complainant to set aside the Docket Order, dated 16.12.2024 in C.C.No.4596 of 2021 on the file of the II Additional Junior Civil Judge-Cum-VI Additional Judicial Magistrate of First Class, Medchal-Malkajgiri District, at L.B.Nagar.

2. Heard Sri Papaiah Peddakula, learned counsel appearing on behalf of the appellant as well as Sri Arun Kumar Doddla, learned Additional Public Prosecutor appearing on behalf of the respondent No.1 – State.

3. In pursuant to the orders of this Court, dated 02.09.2025, personal notice was sent to respondent No.2 address, but the same was returned with the endorsement as ‘No Such Person’ is available in the address mentioned and as there is no other address of respondent No.2, it is deemed to be served.

4. Learned counsel for the appellant submitted that the trial Court has dismissed the complaint even without considering the fact that after closure of the evidence of the complainant, twice the P.O. was on CL and thereafter, also the counsel representing the appellant filed petition and even when the matter was posted for defense evidence, the matter was adjourned several times for adducing defense evidence and the trial Court has dismissed the C.C.No.4596 of 2021, on the ground that the complainant has not attended the proceedings. It is further submitted that the defense evidence of the appellant herein was already completed in C.C.No.4596 of 2021. It is further submitted that the appellant herein had regularly appeared before the trial Court and he was represented before the trial Court through his counsel. Hence, he requested to set aside the docket order, dated

16.12.2024 passed by the trial Court.

5. It is further submitted that the trial Court, vide order dated 16.12.2024 had observed that the stage of the case is coming for defense evidence since 15.04.2024 and the complainant failed to appear either personally or through counsel from 08.09.2023 and sufficient opportunity have been given to the complainant to appear either personally or though the counsel and conditional order being passed on 04.11.2024 and 02.12.2024, on the ground that the complainant failed to comply the same and has dismissed the same for non-prosecution.

6. In the light of the submissions made by the learned counsel for the appellant, it appears that the there is no information about the docket proceedings to the appellant herein and the trial Court order shows that the complaint is at the stage of defense evidence and already the appellant herein has appeared before the trial Court and the defense evidence has already completed.

7. Considering the facts and circumstances of the case, the Criminal appeal is allowed restoring the C.C.No.4596 of 2021 to its original case and the trial Court is directed to dispose of the same, at the earliest, as the C.C. pertains to the year 2021.

Miscellaneous applications, if any pending, shall stand closed.

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K. SUJANA, J Date: 09.10.2025 TU