Telangana High Court

CRLP/16373/2014 of Sri. PALAVARAPU SRI RAMULu Vs Narendruni Sudha Rani, on 30 December 2014

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SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.16373 of 2014 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the orders, dated 04.07.2014, passed in Crl.R.P.No.17 of 2014 on the file of the II Additional Sessions Judge, Nalgonda at Suryapet. Heard the learned counsel

THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARYCRIMINAL PETITION No.16373 of 2014

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ORDER:

This petition is filed under Section 482 Cr.P.C. to quash theorders, dated 04.07.2014, passed in Crl.R.P.No.17 of 2014 on the fileof the II Additional Sessions Judge, Nalgonda at Suryapet.

Heard the learned counsel for the petitioner and the learnedPublic Prosecutor.

A perusal of the record reveals that the petitioner is facingcriminal proceedings in C.C.No.114 of 2012 on the file of the JudicialMagistrate of First Class, Suryapet.For one reason or the other, thepetitioner did not appear before the trial Court on 17.01.2014.However, learned counsel appearing on behalf of the petitioner filedCrl.M.P.No.196 of 2014 under Section 317 Cr.P.C., to dispense withthe presence of the petitioner.The trial Court dismissed the petition-and issued Nonbailable Warrant (NBW) against the petitioner.Feeling aggrieved by the orders of the trial Court, the petitioner hereinfiled Crl.R.P.No.17 of 2014 and the same was dismissed.

A perusal of the record reveals that the petitioner filed medicalcertificate to justify his absence on 17.01.2014.While deciding thistype of petitions, the Court has to take into consideration the groundrealities as well as hardship likely to be caused to the parties.

Having regard to the facts and circumstances of the case, I am of the considered view that it is a fit case to quash the order, dated14.07.2014, in Crl.R.P.No.17 of 2014 on the file of the II Additional Sessions Judge, Nalgonda. Consequently, the orderpassed by the trial Court in Crl.M.P.No.196 of 2014 is hereby set asideand NBW issued against the petitioner on 17.01.2014 is hereby recalled.If the petitioner fails to appear before the trial Court in future,the trial Court is at liberty to pass orders in accordance with law.

With the above direction, the Criminal Petition is allowed.

Consequently, Miscellaneous Petitions, if any, pending in thisCriminal Petition shall stand closed.

Date:30.12.2014KH

________________________T.SUNIL CHOWDARY, J

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