Held the criminal petition under Section 482 CrPC, seeking to quash NBWs, was disposed of as infructuous since the subject case and appeal had been disposed of, rendering arrest unnecessary.
Non-Bailable Warrants shall stand cancelled.
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.
THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
CRIMINAL PETITION No.8814 OF 2012
ORDER:
This is a Criminal Petition filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the CrPC’) by the petitioners/respondents 2, 4 to 9 in D.V.C. No.6/2012 on the file of the Court of the learned Additional Junior Civil Judge-cum-Judicial Magistrate of First Class at Siddipet requesting to quash the docket order dated 03.12.2012 of the said learned Magistrate in the above mentioned case and pass such other order or orders as deemed fit.
2. I have heard the submissions of the learned counsel for the petitioners, the learned counsel for the first respondent/petitioner in D.V.C.No.6/2012 and also of the learned Public Prosecutor representing the second respondent-State. I have carefully perused the material record.
3. It appears that by the impugned order the learned Magistrate had issued Non-bailable warrants (for short, ‘NBWs’) against the petitioners for their non-appearance before the Court of the learned Magistrate. During the course of hearing, it is submitted that the said D.V.Case was disposed of and that an appeal that was filed was also disposed of and that a revision case is pending before this Court and that therefore, the subject matter of this revision case has become infructuous. In the light of the submissions made, it is clear that there is no necessity to keep pending the NBWs issued against the petitioners, as there is no need to arrest them at this stage in view of the subsequent events; and hence, suffice it is observed that the NBWs shall stand cancelled.
4. In view of the submissions of the learned counsel for the
petitioners and the subsequent events, the Criminal Petition is disposed of as infructuous subject to the observation made supra.
Miscellaneous petitions pending, if any, in this Criminal
Petition shall stand closed.
____________________________ M.SEETHARAMA MURTI, J
Date: 22.12.2014
MVA
1 issue framed by the court
Whether the issue of non-bailable warrants in the earlier proceedings is still maintainable after the disposal of the main case and appeal.
1 provisions across 1 enactments
Petitioners/Respondents 2, 4 to 9
State
M.SRITHARAMA MURTI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
