Telangana High Court
CRLP/10245/2010 of Sri Chanumolu Rajeev Vs The State of Andhra Pradesh, on 30 December 2010
SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.10245 OF 2010 ORDER: 1 The petitioner is the sole accused in C.C.No.478 of 2007 on the file of the Court of the III Metropolitan Magistrate, (Municipal Mobile Court, Vijayawada and as he was not attending the court, the court below issued
THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADACRIMINAL PETITION NO.10245 OF 2010
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ORDER:
1 The petitioner is the sole accused in C.C.No.478 of 2007 on thefile of the Court of the III Metropolitan Magistrate, (Municipal Mobile Court,Vijayawada and as he was not attending the court, the court belowissued N.B.W. against him. Seeking recalling of the said warrant, he filedCrl.M.P.No.1975 of 2010 and the same was dismissed on 23.08.2010. Questioning the same, the petitioner filed the present petition.
2 From a perusal of the order, it is clear that the petitioner has norespect to the court. On earlier occasion also he was absent and thecourt below was pleased to issue N.B.W and on an application filedunder section 70(2) Cr.P.C. the said N.B.Ws were recalled and this is thethird occasion. It is not as though the court below in a routine manner andautomatically issues the said N.B.Ws. It is only when the accused isabsent and there is no representation on behalf of the accused on manyoccasions, the courts will take such an extreme step of issuing N.B.Ws. In those circumstances, this court cannot hold that the said order passedon 25.08.2010 is erroneous.
3 However, as the petitioner expressed his willingness to appearbefore the court and file an application to recall the said warrants, thiscourt is of the view that one more opportunity can be given to thepetitioner so that he can appear before the court below and file anapplication to recall the said warrants.
4 In those circumstances, this petition is disposed of with a directionto the petitioner to appear before the court below within fifteen days fromthe date of receipt of a copy of this order and file an application undersection 70(2) of Cr.P.C. for recalling the said N.B.Ws pending againsthim. As and when the petitioner appears and files such an application,the court below may consider the same and recall the warrants pendingagainst the petitioner.
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Sri
T.G.K, J.
30.12.2010Kvsn