IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD THURSDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT: THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No.248 OF 2010 BETWEEN: Harikoti Yohan S/o. Venkatapathi …. Petitioner AND The State of Andhra Pradesh, through Public Prosecutor, High Court of A.P., Hyderabad and another …. Respondents THE HON’BLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No.248 OF 2010 ORDER: This Criminal Revision Case is filed by the petitioner – complainant against the order dated 24-11-2009 in C.C. (SR) No.4545 of 2009 passed by the learned III Additional Judicial Magistrate of First Class, Eluru, West Godavari District, which was dismissed on account of non appearance of the complainant. 2. Heard. 3. As on the date of passing the impugned order, the respondent – accused was not served, as such, there is no necessity of issuing notice to him, as contended by the learned counsel for the petitioner. The record does not reveal that the petitioner was a chronic absentee or anything like that. 4. Considering the circumstances, the impugned order dated 24-11-2009 in C.C. (SR) No.4545 of 2009 is set aside and the same is restored to its original file, which the trial Court shall dispose of in accordance with law. However, it is made clear that in future, if the complainant fails to appear even on a single date of hearing, the complaint shall be dismissed. 5. Accordingly, the Criminal Revision Case is allowed at the admission stage. _____________________ P. SWAROOP REDDY, J March 11, 2010. KTL