Disposed

Saladi Ram Gopal, v. State of Andhra Pradesh

Andhra Pradesh HC6 Mar 2024CRLP/1513/2024

Case brief

AI extract

What is this about?

Petitioner sought recall of a non-bailable warrant issued on his absence in a Section 420 IPC case. The High Court directed him to appear within two weeks and apply under Section 70(2) Cr.P.C., which the Magistrate must consider and recall the NBW on terms, with liberty to reissue on further default.

What did the court decide?

Direction to petitioner to appear within two weeks and apply under S.70(2) Cr.P.C.; Magistrate to recall NBW on terms same day, with liberty to reissue on default.

Saladi Ram Gopal, Vs State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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THURSDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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CRIMINAL PETITION No.1513 of 2024

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Between:

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Saladi Ram Gopal, S/o Late Nageswara Rao, Aged about 50 years, R/o D. No. 9-5-50/B, Pitapuram Colony, Visakhapatanam City

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...Petitioner/Accused No.1

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AND

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State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, At Amaravathi.

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Raju Suresh, S/o Raju, Aged about 49 years. Working^{asSeniorDivisional} Manger in IOC, Visakhapatnam, 8*'’ floor LIC Building,^{JeevathaBheema} Road, Visakhapatnam city.

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...Respondents

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Petition filed under Section 482 R/w 70(2) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to recall the Non Bailable Warrant^{issuedon18.03.2020} in CC No. 284 of 2019 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam.

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Mantapampalle Ramprasad, Advocate for the Petitioner^{andthePublicProsecutor} on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.l513 of 2024

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Order:

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This Criminal Petition, under Section 482 read with 70(2) Cr.P.C., has been filed against the docket order dated 18.03.2020 passed in CC No.284 of 2019 by the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam, directing to issue NBW against the petitioner herein/Al. 2. A charge sheet was filed as against the petitioner^herein/Aland another, for the offence punishable under Section 420 IPC, and the same was taken on file as CC No.284 of 2019 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam. The said case was posted to 18.03.2020 and, on that date when the petitioner herein/Al was called absent and there was no representation^on his behalf, the learned Magistrate directed to issue NBW against the petitioner herein/Al. Aggrieved by the same, the present^Criminal Petition has been filed. 3. Learned counsel for the petitioner submits that petitioner is aged about 50 years and due to health issues during Corona period. the petitioner could not appear before the Court below^on18.03.2020 and when he failed to attend before the Court on one occasion, the

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i I

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learned Magistrate directed to issue NBW and he undertakes^thatthe petitioner would attend the Court below and cooperate^{fordisposalof} the case.

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In view of the aforesaid facts and circumstances, an opportunity can be given to the petitioner herein. Accordingly,^the petitioner herein is directed to appear before the learned Magistrate^within a period of two (2) weeks from the date of receipt of^{acopyofthisorder} and make appropriate application, under Section 70(2)^{Cr.P.C.,before} the trial Court for recalling of NBW issued against^{himand,onmaking} such application, the learned Magistrate shall consider^thesameand recall the NBW issued against the petitioner herein,^{onsuchtermsand} conditions, in accordance with law, on the same day. It is made clear that after recalling of NBW, if the petitioner failed^{toappearbeforethe} Court below on any one adjournment, the learned Magistrate is at liberty to issue NBW against the petitioner herein. 5. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions, if^any,pending in this Criminal Petition, shall stand closed.

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\ \

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SD/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

The I Additional Chief Metropolitan Magistrate, Visakhapatnam, Visakhapatnam District.

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The Station House Officer, Visakhapatnam IV Town Police Station, Visakhapatnam District.

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One CC to Sri Mantapampalle Ramprasad, Advocate [OPUC]

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Two CCs to The Public Prosecutor, High Court of^{AndhraPradeshat} Amaravathi [OUT]

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Three CD Copies

TK VNA

■ /

HIGH COURT

DATED:07/03/2024

ORDER

CRLP.No.1513 of 2024

.'fa: r 8 MAR im
Current Section

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DISPOSING OF THE CRIMINAL PETITION

Saladi Ram Gopal, v. State of Andhra Pradesh

Case brief

What is this about?

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Saladi Ram Gopal, v. State of Andhra Pradesh

Case brief

What is this about?

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