Telangana High Court

CRLP/24611/2017 of Hota VENKATESH Vs THE STATE OF AP on 28 December 2017

Cites 0, Cited by 0

SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.24611 of 2017 ORDER This petition is filed under Section 482 Cr.P.C., questioning the order dated 06.09.2017 in PRC.No.22 of 2015 passed by the IV Additional Chief Metropolitan Magistrate, Visakhapatnam in issuing NBW against the petitioner

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.24611 of 2017

ORDER

This petition is filed under Section 482 Cr.P.C., questioning the order dated 06.09.2017 in PRC.No.22 of 2015 passed by the IV Additional Chief Metropolitan Magistrate, Visakhapatnam in issuing NBW against the petitioner observing that summons issued against the petitioner was not served as he was absconding from the date of filing the charge sheet.

The main contention of the petitioner is that when summons were ordered, no notice was served on the petitioner, therefore, the question of issuing NBW does not arise, as such the order passed by the Magistrate is illegal.

After arguing the matter for a while, learned counsel for the petitioner requested this Court to permit the petitioner to appear before the Magistrate concerned and file application to recall NBW under Section 70(2) Cr.P.C.

Accordingly, the criminal petition is disposed of without touching the merits of the case, granting liberty to the petitioner to file appropriate application under Section 70(2) Cr.P.C to recall non bailable warrant explaining the reasons for the absence on the date of adjournment and on such application is filed after serving notice on the 1[st] respondent, the Magistrate is directed to dispose of the said application on the same day in accordance with law.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

28.12.2017kvrm

______________________________

M. SATYANARAYANA MURTHY, J

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead