Single judge order dispensing with the petitioner's personal appearance in trial court during pendency of quashing petition while recalling a non-bailable warrant on filing application.
Petitioner's appearance in trial court dispensed; non-bailable warrant to be recalled upon filing application for recall.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12402 OF 2011
ORDER:
This criminal petition under Section 482 of the Code of Criminal Procedure is filed by the petitionerAccused seeking to quash the proceedings against him in C.C.No.1561 of 2010 on the file of the XIV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
Heard.
After arguing for sometime, learned counsel for the petitioner submitted that the presence of the petitioner before the trial Court may be dispensed with. He further submitted that during the pendency of this petition, non-bailable warrant was issued against the petitioner and the same may be recalled.
As far as the non-bailable warrant is concerned, petitioner shall appear before the trial Court and file an application seeking to recall the non-bailable warrant issued against him. On such filing, the learned Judge is directed to recall the same on the same day.
Further, considering the nature of allegations wherein the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same. However, the petitioner shall be properly represented through his counsel before the trial Court.
With above observations, the Criminal Petition is disposed of.
Miscellaneous petitions filed in this Criminal
Petition, if any, shall stand closed.
_________________ JUSTICE RAJA ELANGO_
2nd December 2011 Rns
1 provisions across 1 enactments
Petitioner
State
Raja Elango
As recorded by the court registry
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