HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE NO.: Crl.R.C.No.466 of 1999 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 5. 24.06.2022 SRS,J I.A.No.1 of 2022 Pursuant to the letter addressed by learned Principal District Court, Krishna, Machilipatnam to the learned Registrar (Judl.) seeking clarification, this petition is filed to issue necessary instructions for disposal of S.C.No.205 of 1997 pending on the file of learned Assistant Sessions Judge, Nuzvid as private complaint could not be committed by the learned Chief Judicial Magistrae, Machilipatnam to the Court of Sessions, as directed by this Court by order, dated 15.02.2008 passed in Crl.R.C.M.P.No.2997 of 2003 in Crl.R.C.No.466 of 1999. Perused the record. The relevant portion of order, dated 15.02.2008 passed by this Court, is extracted hereunder: “In the circumstances, it is clarified that the Chief Judicial Magistrate, Krishna shall complete the formalities of committal proceedings and then make over the case to the Sessions Judge, Krishna and the Sessions Judge shall also withdraw S.C.No.205 of 1997 on the file of the Principal Assistant Sessions Judge, Nuzvid and make over both the cases to an Additional Sessions Judge, within the jurisdiction or these can be retained by the Principal Sessions Judge also.” However, without noticing the said order, private complaint filed by the petitioner was closed on 30.12.2010. In view of the closure of the complaint and the direction of this Court to commit the private complaint and to try it along 2 with S.C.No.205 of 1997, the further proceedings in said case are stalled. The Sessions Case is of the year, 1997 and the same is pending on the file of learned Assistant Sessions Judge, Nuzvid since two decades. Going by the report submitted by the Court below, it seems that complainant was not residing in Gudivada and hence, the complaint was closed on 30.12.2010. Further closure of complaint being a judicial order, was not challenged before appropriate forum. The non-prosecution of the complaint by the petitioner prima facie shows that he is not interested to prosecute the complaint further. In view of the above it is clarified that learned Assistant Sessions Judge, Nuzvid shall proceed with proceedings in S.C.No.205 of 1997 without committing the complaint lodged by the petitioner, as it is not on the file of the Court. _______ SRS, J ikn