Allowed

T.G.Rami Reddy, v. The State of Andhra Pradesh

Telangana HC19 Oct 2011CRLRC/2104/2011

Case brief

AI extract

What is this about?

A Criminal Revision petition was filed under sections 397 and 401 CrPC. The Court directed the petitioners to apply for recall of non-bailable warrants issued by the Magistrate due to their alleged inability to attend. Upon filing such an application, the Magistrate is directed to recall the warrants and proceed with the trial.

What did the court decide?

Directed petitioners to apply for recall of warrants; learned Magistrate directed to recall warrants upon such application and proceed with trial.

T.G.Rami Reddy, Vs The State of Andhra… — Civil Procedure and Limitation | Telangana HC (2011)

¶1

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2104 of 2011

¶2

ORDER:

¶3

Petitioners approach this Court by invoking the provisions under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 29.08.2011 passed in Crl.M.P.No.2233 of 2011 in C.C.No.457 of 2009 by the learned Special Judicial First Class Magistrate (Excise), Ongole, whereby the learned Magistrate dismissed the application filed under Section 70(2) Cr.P.C.

¶4

2. Learned counsel for the petitioners argued that the petitioners could not able to attend the court at Ongole on 27.06.2011 as they were threatened with dire consequences by the de facto complainant and his men. But, the learned Magistrate without considering the said fact, issued NBWs against the petitioners.

¶5

3. This Court perused the record and heard the arguments.

¶6

4. On perusal of the record, it is seen that the petitioners filed the petition stating reasons for their non-appearance on 27.06.2011. In the circumstances, this Court is of the view that the warrants issued by the learned Magistrate are only to secure the presence of the petitioners-accused before the trial Court and when the petitioners expressed their inability for their absence, and they themselves wantonly appeared before the Court by way of filing a petition to recall the warrants, learned Magistrate would have recalled the same and allowed the petitioners to appear before the concerned Court.

¶7

5. Hence, the petitioners are hereby directed to appear before the Court below and file an application to recall the warrants pending against them and on such filing, the learned Magistrate is hereby directed to recall the same and to proceed with the trial. The petitioners are directed to appear before the court regularly after recalling of the warrants.

¶8

6. With the above observation, the Criminal revision case is disposed of. The miscellaneous petitions, if any, filed along with the criminal revision case shall stand closed.

¶9

_____________________ JUSTICE RAJA ELANGO

¶10

19^th October 2011, Rns.

T.G.Rami Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

T.G.Rami Reddy, 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

Case details

Similar cases

Smt. Vasim Ameenuddin Vs TheState of Andhra Pradesh

Vungarala Krishnaiah Vs Gagguturu Shareef

Chilekampalli Konda Reddy, (A1) Vs The State of Andhra Pradesh

Natukula Srinivasa Rao, Vs The State of Andhra Pradesh

Md. Basheer Vs The State of A.P.

Karyampudi Parvathi Vs State