Petitioner sought quashing of the trial court's refusal to recall a non-bailable warrant issued for his absence due to knee surgery. The High Court set aside the order and directed the jurisdictional court to recall the NBW upon fresh application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ^ i THURSDAY, THE TWENTY EIGHTH DAY OF MARCH A TWO THOUSAND AND TWENTY FOUR (I' SX i o PRESENT \
THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDYX^^^
CRIMINAL PETITION No.2068 of 2024
Between:
Mandalika Venkatasastri, S/o Late Rajendra Rao, Aged about 56 years, Occ: Priest, R/o Jandrabailu Village, Nimmanapalli Mandal, Presently Residing at Janmabhoomi Colony, Basinikonda Village, Madanapali Mandal, Chittoor District.
...Petitioner/Accused No.3
AND
...Respondents
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 quash the order dated 15.02.2024 passed in CrI.M.P. No. 514 of 2024 in SPL. SC. No.30 of 2017 on the file of the I Additional District & Sessions Judge Chittoor District at Chittoor and consequently recall NBW issued against the petitioner/Accused No.3
I.A. NO: 1 OF 2024
Petition under Section 482 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 stay the execution of NBW issued against the petitioner/Accused No.3 through order dated 15.02.2024 passed in CrI.M.P No. 514 of 2024 in SPL. SC. No. 30 of 2017 on the file of the I Additional District & Sessions Judge, Chittoor District at Chittoor including appearance of the petitioner.
This Petition coming on for hearing, upon perusingtheMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rama Lakshmana Reddy Sanepalli, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.
The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THURSDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT:
THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
CRIMINAL PETITION NO:2068 OF 2024
Between:
Mandalika Venkatasastri, S/o. late Rajendra Rao, 56 years, Occ: Priest, R/o.Jandrabailu village, Nimmanapalli Mandal, presently residing at Janmabhoomi Colony, Basinikonda village, Madanapalli Mandal, Chittoor District.
... Petitioner/Accused No.3
And
- S.Prameela, D/o. P.Venkatarathnam, 31 years, Occ: Not known to the petitioner, R/o. 1-180, Basinikonda village, Manadapalle Mandal, Chittoor District.
... Respondents
The Court made the following:
ORDER
This Criminal Petition, under Section 482 Cr.P.C.,hasbeenfiled
by the petitioner herein/A3 to quash the Order, dated 15.02.2024 passed in Cri.M.P.No.514 of 2024 in Special SessionsCaseNo.30of 2017 on the file of the I Additional District and Sessions Judge, Chittoor District and consequently recall NBW issued against the petitioner herein/A3.
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- Pending the said Special Sessions Case No.30 of 2017, on 29.01.2024 as the petitioner herein/A3 did not attend the Court, the trial Court issued Non-Bailable Warrant.
- On 15.02.2024, the Advocate claimed to be the Junior Advocate to the counsel on record filed an application before the trial Court under Section 70 (2) CrPC seeking to recall the NBW issued against the petitioner herein/A3, and reported the Court to adjournthemattertill the next day. At 5.00 pm, the petitioner herein/A3 called absent and no representation was made on his behalf.
- On the same day i.e., on 15.02.2024, the trial Court, in view of the Order passed by this Court in I.A.No.l of 2023 in Criminal Petition No.12528 of 2017, dated 29.11.2023 directing to disposeofthematter within three (03) months, and since there was no representation on
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behalf of the petitioner herein/A3, rejected the petition filed under Section 70 (2) CrPC.
- Indisputably, on 29.01.2024, the petitioner herein/A3 did not appear before the Court and as such, NBW was issued against him. Admittedly, an application under Section 70 (2) CrPCwasfiledtorecall NBW, but such application was rejected by the learnedtrialCourton 15.02.2024 on the ground that there was no representationonbehalf of the petitioner herein/A3 at 5.00 pm and further, in view of the direction of this Court issued in I.A.No.l of 2023 in Criminal Petition No.12528 of 2017, dated 29.11.2023 to dispose of thecase within three (03) months.
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- The main contention of the petitioner herein/A3 for his nonattendance before the trial Court on 29.01.2024, which led to issue NBW is that, he was suffering from Osteoarthritis tohisbothkneesand he was advised to undergo surgery.
- A perusal of material available on record goes to showthatthe petitioner herein/A3 underwent total knee replacement to his right knee on 07.02.2024. Though, the reason for non-appearance of petitioner herein/A3 before the trial Court on 29.01.2024 is not substantiated with any cogent evidence, the petitioner herein/A3 is able to substantiate his contention that he suffered from Osteoarthritis to his both knees and accordingly, on 07.02.2024 he underwent surgery to his right knee. In view of the said reason, this Court is inclined to give an opportunity to the petitioner herein/A3.
- Accordingly, the Order, dated 15.02.2024 passed bythelearned I Additional District and Sessions Judge, ChittoorinCrl.M.P.No.514of 2024 in Special Sessions Case No.30 of 2017 is hereby set-aside, directing the petitioner herein/A3 to move an applicationbeforethe Jurisdictional Court under Section 70 (2) CrPC and upon such application, the learned I Additional District and Sessions Judge, Chittoor is directed to recall the NBW warrant issued as against the petitioner herein/A3 on certain terms and conditionsin accordancewith
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law and dispose of within a period of two (02) weeksfromthedateof
receipt of the copy of the order.
- With the above observation, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions, if any, pending
in this Criminal Petition, shall stand closed.
To
//TRUE COPY//
Sd/-B.PRASADA RAO ASSISTANT^EGISTRAR SECnC^IOFFICER
4.3. Sri Rama Lakshmana Reddy Sanepalli, Advocate [OPUC] at
Amararathi [OUTl Prosecutor, High Court of Andhra Pradesh
TK
RAM
l)a^ tneev)
HIGH COURT
DATED:28/03/2024
ORDER
CRLP.No.2068 of 2024
' o 2 0 APR 202^ 09/mj
DISPOSING OF THE CRIMINAL PETITION
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1 issue framed by the court
Whether the trial Court's order rejecting the recall application under Section 70(2) CrPC should be set aside given the petitioner's medical incapacity.
3 provisions across 2 enactments
Mandalika Venkatasastri
The State of Andhra Pradesh, Rep. by its Public Prosecutor, through Deputy Superintendent of Police SC & ST Cell-II, Chittoor
S. Prameela
K. Sreenivasa Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
