Partly allowed

Y.Ramachandra Reddy v. the State of Andhra Prad

Andhra Pradesh HC8 Feb 2022CRLP/334/2022

Case brief

AI extract

What is this about?

Held a criminal petition for pre-arrest bail under Section 438 Cr.P.C. The court acknowledged the petitioner's submissions regarding lack of awareness of proceedings. It directed the petitioner to appear before the trial court to apply for recall of non-bailable warrants.

What did the court decide?

Petitioner directed to appear before the trial court to apply for recall of non-bailable warrants on merits.

Y.Ramachandra Reddy Vs the State of Andhra Prad — Anticipatory Bail | Andhra Pradesh HC (2022)

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THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION NO.334 OF 2022

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ORDER:-

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This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking pre-arrest bail to the petitioner/A1 in the event of his arrest in connection with C.C.No.886 of 2019 on the file of learned Judicial Magistrate of First Class, Kamalapuram, Kadapa District, in crime No.138 of 2016 registered for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860.

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Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondent-state.

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A private complaint which was filed before learned Judicial Magistrate of First Class, Kamalapuram, Kadapa District was referred to the Police under Section 156(3) of Cr.P.C. and the same was registered as crime No.138 of 2016 for the above offences.

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Initially the petitioner was enlarged on bail on 19.12.2017 and subsequently on application filed by the prosecution, his bail was cancelled on 27.03.2018 on the ground that the petitioner has not appeared before the concerned Station House Officer on two occasions.

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Learned counsel for the petitioner submits that he is Director of SRC Laboratories Private Limited and he is responsible citizen, who is having good reputation in the society and the entire allegations in the complaint are of civil nature. He further submits that investigation was completed and charge sheet was filed, but the petitioner was not aware of the criminal proceeding pending

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before the Court below and hence he failed to make his appearance, as such the Court below issued NBWs on 21.11.2019 which are pending against the petitioner. He submits that there is another case pending between the parties and only when he came to know about issuance of NBWs in that crime, he came to know about the pendency of NBWs in this case. Hence, he prays to consider this application filed under Section 438 of Cr.P.C. and enlarge the petitioner on pre-arrest bail.

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On perusal of the record and considering the submissions, the petitioner is directed to appear before the concerned jurisdictional Court and make an application for recalling the NBWs and such application shall be considered by the Court below on the same day on merits.

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With the above direction, this criminal petition is disposed

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of.

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Consequently, miscellaneous applications pending, if any, shall stand closed.

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_____________________ JUSTICE D.RAMESH

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Date :08.02.2022 IKN

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THE HONOURABLE SRI JUSTICE D.RAMESH

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CRIMINAL PETITION No.334 of 2022

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08.02.2022

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IKN

Y.Ramachandra Reddy v. the State of Andhra Prad

Case brief

What is this about?

What did the court decide?

Y.Ramachandra Reddy v. the State of Andhra Prad

Case brief

What is this about?

What did the court decide?

What the court decided

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