This order under Section 482 Cr.P.C directed the petitioner to surrender before the Additional Judicial Magistrate within four weeks, file an application to recall the Non-Bail-Warrant, and seek its disposal on the same day.
Directed petitioner to surrender within four weeks and seek recall of warrant; trial court to decide on same day.
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THE HON’BLE Ms.JUSTICE J.UMA DEVI
CRIMINAL PETITION NO.1092 OF 2020
ORDER :
This criminal petition is filed under Section 482 of Cr.P.C by the petitioner to quash the order dated 22.01.2020 in Crl.M.P.No.112 of 2020 in C.C.No.428 of 2018, on the file of the Court of Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District, against the petitioner/accused, on various grounds.
Learned counsel for the petitioner/Accused submits that the petitioner is the accused in C.C.No.428 of 2018. Material on record discloses that the petitioner is involved in the Crime No.219 of 2018 of Manubolu Police Station which was registered for the offences under Sections 354-A, 354-D, 506 and 509 I.P.C. Material also discloses that charges are framed against the petitioner and while the case was coming up for trial, as the petitioner could not attend the Court on 30.12.2019, he filed an application under Section 317 Cr.P.C to condone his absence and the same was dismissed and NBW was issued against him. The petitioner moved an application in Crl.M.P.No.112 of 2020 under Section 70(2) of Cr.P.C to get the warrant recalled. In the application, made for recalling of the warrant, the petitioner mentioned that he went abroad i.e. United Kingdom on 08.01.2019 and returned back on 30.12.2019. Since he left the country without obtaining permission of the Court, the Court below has refused to order for recalling of NBW issued against him. Learned counsel for the petitioner states that the petitioner is ready to surrender before the Court below
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and abide by any of conditions imposed against him.
Learned Additional Public Prosecutor though opposed to quash the order passed in dated 22.01.2020 in Crl.M.P.No.112 of 2020 in C.C.No.428 of 2018 on the file of the Court of Additional Judicial Magistrate of First Class, Gudur, SPSR Nellore District, stated that reasonable time may be given to the petitioner for his surrender before the Court below.
Having regard to the above submissions made by the learned counsel for the petitioner and the learned Additional Public Prosecutor, the Court is hereby directed the petitioner to surrender before the Court below within four (04) weeks from the date of receipt of a copy of this order and file an application to get the warrant recalled, and on filing such application, the Court below shall dispose of the same on the same day as per law.
This Criminal Petition is disposed of accordingly as indicated above.
As a sequel thereto, miscellaneous petitions pending, if any in this Criminal Petition, shall stand closed.
________________ J. UMA DEVI, J
Dated 26.02.2020 KA
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1 provisions across 1 enactments
Petitioner
State of Andhra Pradesh
J. UMA DEVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
