Telangana High Court
CRLP/8571/2009 of Kovvuri Nagu , Naga Venkata Suryanarayana Reddy, Vs The State of Andhra Pradesh, on 30 December 2011
G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.8571 OF 2009 DATED.30-12-2011 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.14 (For short, ‘ A -14’) under Section 482 of Cr.P.C. seeking to quash order dated 16.09.2009, passed in Sr. No.3657 of 2007 in P.R.C. No.8
HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDYCRIMINAL PETITION No.8571 OF 2009
DATED.30-12-2011
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ORDER:
This Criminal Petition is filed by the Petitioner/Accused No.14(For short, ‘A-14’) under Section 482 of Cr.P.C. seeking to quash orderdated 16.09.2009, passed in Sr. No.3657 of 2007 in P.R.C. No.8 of2007 and recall warrant issued against the petitioner on the file of theCourt of Additional Judicial Magistrate of First Class, Palakol, WestGodavari district.
2. The claim of the petitioner in brief is as follows : The petitionergot employment in Dubai in United Arab Emirates on contract basis. After the expiry of the said contract, he returned to his native place inIndia. Then, he came to know that a case was registered against himand 39 others in Crime No.56 of 2002 on the file of Poduru policestation, subsequently charge sheet was filed in the case and it wasnumbered as P.R.C No.23 of 2005 on the file of the Court of AdditionalJudicial Magistrate of First Class, Palakol for offences punishableunder Sections 143, 341, 323 506(2) and 306 read with Section 34I.P.C. Further, he came to know that a Non Bailable Warrant wasissued against him and the case so far as he is concerned wasseparated and numbered as P.R.C. No.8 of 2007 on the file of thesame Court. Further, the de-facto complainant in the case preferredCriminal Revision Case No.408 of 2007, in which the petitioner wasshown as the respondent No.14. It seems that this Court granted stayof all proceedings in Sr. No.3828 of 2002 (P.R.C. No.23 of 2005). Further, he filed a petition under Section 70 (2) Cr.P.C. before the lower Court seeking to recall the warrant in that case but that petitionwas returned by the learned Magistrate with endorsement as to howthe petition was maintainable in view of the stay granted by this Courtin Crl.R.C. No.408 of 2007.
3. The point for consideration is whether sufficient grounds arethere in order to quash the proceedings as prayed for?
4. There is no basis to say that the petitioner got any knowledgeabout the registration of the crime and filing of the PRC against himand others. It appears that as he was shown to be absconding, theNon Bailable Warrant was issued against him. It is important that thepetitioner’s plea is that he was working in Dubai in United ArabEmirates and returned to India after the expiry of the contract of hisemployment. Further, the stay granted by this Court in Crl.R.C. No.408of 2007 does not preclude to recall the warrant issued against thepetitioner. It is significant that he was not remanded to judicial custodywhen he filed the petition under Section 70 (2) Cr.P.C.
Hence, in view of the facts and circumstances of the case, theCriminal Petition is allowed quashing the order dated 16.09.2009,passed in Sr.No.3657 of 2007 in P.R.C. No.8 of 2007 recalling thewarrant issued against the petitioner on the file of the Court ofAdditional Judicial Magistrate of First Class, Palakol, West Godavaridistrict.
__________________________
G. KRISHNA MOHAN REDDY, J
THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY
213
DSH
CRIMINAL PETITION No.8571 OF 2009
December 30, 2011