CRLP/15308/2013 of Gousiya Vs The State of Andhra Pradesh on 31 December 2013

THE HONOURABLE SRI JUSTICE R. KANTHA RAOCRIMINAL PETITION No.15308 of 2013ORDER:

This criminal petition is filed by the petitioners-A26, A39 andA41 under Section 438 of the Criminal Procedure Code seekinganticipatory bail in Crime No.154 of 2012 of Gooty Town PoliceStation, Anantapur District, registered for the offence punishableunder Section 447 read with 149 of IPC and Section 3(i)(iv) of theScheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989.

2. Heard the learned counsel appearing for thepetitioners – A26, A39 and A41 and the learned Additional PublicProsecutor representing the respondent-state.

3. The names of the petitioners are not mentioned in thefirst information report. In the charge sheet, they were added andthe learned Magistrate after taking the case on file issued NBWsto the petitioners directly. It is submitted on behalf of thepetitioners that they never absconded and they were not aware ofthe case pending against them.

4. In the aforesaid circumstances, petitioners are directedto appear before the Judicial Magistrate of First Class, Gooty andfile an application seeking to recall the NBWs and on filing suchapplication, the learned Magistrate is directed to consider anddispose of the same on the same day as and when it is filed.

5. With the above observation, the Criminal Petition isdisposed of.

31[st] December 2013,

Rns

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R. KANTHA RAO, J.