Allowed

Pusala Nirmala v. the State of Andhra Pradesh

Andhra Pradesh HC3 Mar 2023CRLP/1649/2023

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Petition under Section 482 Cr.P.C., holding that issuing an NBW without first exhausting summons or bailable warrant procedures under Sections 87 and 88 Cr.P.C. was illegal. The court directed the trial court to consider an application for recalling the NBW.

What did the court decide?

Petitioner directed to apply for recall of NBW within two weeks; Magistrate directed to consider the application and pass orders in accordance with law.

Pusala Nirmala Vs the State of Andhra… — Civil Procedure and Limitation | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.1649 of 2023

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Order:

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This Criminal Petition, under Section 482 Cr.P.C., has been filed

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by the petitioner against the order dated 20.02.2023 passed in C.C.No.76 of 2020 on the file of the learned Judicial Magistrate of First Class, Darsi.

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Originally, a private complaint was filed as against the petitioner for the offence punishable under Section 341 IPC and when the same is referred to police under Section 156(3) Cr.P.C., after conducting enquiry, a case in Crime No.31 of 2018 of Darsi Police Station was registered. Subsequently, a charge sheet is filed. Which was taken on file as the aforesaid C.C.

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Pending the said case, when once the petitioner failed to attend the court, the learned Magistrate issued NBW on 20.02.2023 against the petitioner.

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Learned counsel for the petitioner submits that, when the case was posted on 20.02.2023, learned counsel for the petitioner prayed the Court to pass over the matter and thereafter, a petition under Section 317 Cr.P.C., was filed, but the same was refused by the learned Magistrate and went to the extent of issuing NBW against the petitioner.

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Heard. Perused the record.

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In the cases of this manner, there is a procedure contemplated under Section 87 and 88 of Cr.P.C., wherein if the accused person does not turn before the Court, it is for the Court to issue summons or bailable warrant. Without following the said procedure, the learned Magistrate straight away issuing NBW is not in accordance with law.

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In view of the facts and circumstances of the case, the petitioner is directed to file an application before the trial Court for recall of NBW within a period of two (2) weeks from the date of receipt of copy of this order and the learned Magistrate is directed to consider the same and pass orders in accordance with law.

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Accordingly, with the above direction, Criminal Petition is allowed.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

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________________________ K. SREENIVASA REDDY, J.

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03.03.2023 ARB

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.1649 of 2023

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ARB

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Date:03.03.2023

Pusala Nirmala v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Pusala Nirmala v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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