HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.979 OF 2010 DATE:03.08.2010 Between: K.V. Narayana Rao …… Petitioner. And: Kathi Rambabu and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.979 OF 2010 JUDGMENT: 1. This appeal is filed against order dated 19.02.2010 passed by the Judicial Magistrate of the First Class for Excise Offences, Nellore in C.C.No.208 of 2006 dismissing the complaint under Section 256 Cr.P.C and acquitting the accused. On that day, the complainant filed petition under Section 256 Cr.P.C for dispensing with his presence for that day. The lower court dismissed the said petition. No reasons are given for dismissal of the said petition. From the order in question, it is not known whether the accused was present or absent; and it is not known what was the stage of the case in the lower court by then. No doubt, the case was originally filed in the year 2005 and was renumbered in the year 2006. But, this is not the way to give disposal of an old matter. The impugned order passed is neither convincing nor sustainable in law. 2. In the result, the appeal is allowed setting aside the order dated 19.02.2010 passed by the lower court and restoring C.C.No.208 of 2006 to the file of the lower court and directing the lower court to dispose of the matter according to law. __________________________________ SAMUDRALA GOVINDARAJULU,J. Date:03.08.2010. Gk. HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL NO.979 OF 2010 Date:03.08.2010 Gk.