Telangana High Court
CRLP/16474/2014 of Thaherunnisa Begum Vs The State of Andhra Pradesh, on 31 December 2014
SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16474 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. challenging the orders dated 12.12.2014 vide Crl.M.P.No.3934 of 2014 in C.C.No.868 of 2010 on the file of the Chief Metropolitan Magistrate, Vijayawada, Krishna
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THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16474 of 2014ORDER:
This petition is filed under Section 482 Cr.P.C. challengingthe orders dated 12.12.2014 vide Crl.M.P.No.3934 of 2014 inC.C.No.868 of 2010 on the file of the Chief MetropolitanMagistrate, Vijayawada, Krishna District.
Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.
A perusal of the record reveals that the petitioner, who isaccused No.1, is facing trial in C.C.No.868 of 2010 for the offenceunder Section 420 IPC.For one reason or other, the petitionercould not attend the Court on 03.12.2014.The trial Court having-no other alternative, issued Nonbailable Warrant on 03.12.2014against the petitioner.
While things stood thus, the petitioner herein filed-Crl.M.P.No.3934 of 2014 seeking to recall the Nonbailable warrantissued against her on 03.12.2014.The trial Court after consideringthe material available on record dismissed the petition.It is notmentioned in the order that the petitioner has not been attendingthe Court regularly.While deciding this type of petitions, the Courthas to take into consideration the ground realities as well as thehardship likely to be caused to the petitioner.
Having regard to the facts and circumstances of the case, Iam of the view that it is a fit case to quash the orders dated12.12.2014 in Crl.M.P.No.3934 of 2014 in C.C.No.868 of 2010 onthe file of Chief Metropolitan Magistrate, Vijayawada, Krishna District.Consequently, Crl.M.P.No.3934 of 2014 is allowed-recalling the Nonbailable Warrant issued against the petitioner on03.12.2014.If the petitioner fails to appear before the trial Court infuture, the trial Court is at liberty to pass appropriate orders inaccordance with law.
Accordingly, the Criminal Petition is allowed.
Consequently, Miscellaneous Petitions, if any, pending inthis Criminal Petition shall stand closed.
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T.SUNIL CHOWDARY, J
31.12.2014Rns