THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.789 of 2011 BETWEEEN: Tulasi Jigeesh Babu … Appellant AND 1. State of Andhra Pradesh & another. … Respondents THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.789 of 2011 JUDGMENT: The lower Court dismissed complaint filed by the appellant for default invoking Section 256 Cr.P.C. On the date of the impugned order, the complainant was absent and the complainant’s advocate was absent and there was no representation for the complainant and no petition was filed for condonation of absence of the complainant on that day. Though non-bailable warrant was ordered previously against the accused, the complainant did not choose to pay batta/process fees. The case has been pending in the lower Court since the year 2006. On some occasions, the lower Court was adjourning the matter even when the complainant was absent and no petition was filed to condone his absence. After waiting for three years, the lower Court resorted to dispose of the matter by invoking Section 256 Cr.P.C. In the circumstances, the lower Court has no other go except to invoke Section 256 Cr.P.C. The complainant did not evince any interest in the matter in the lower Court , except praying this Court for an opportunity to pursue the matter in the lower Court. Further, no reasons are assigned for non-appearance of the complainant in the lower Court and for non-appearance of the complainant’s counsel and for non- payment of batta/process fees for issuing non-bailable warrant against the accused. There are no grounds to interfere with the order passed by the lower Court. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 13.06.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJUL CRIMINAL APPEAL No.789 of 2011 DATED: 13.06.2011 ysk