The High Court to fix a case where it was restored for a critique. The trial court dismissed the petitioner's application to recall a non-bailable warrant. Time is considered sacrosanct.
Revision allowed and order dated 22.07.2014 in Crl.M.P.Sr.No.3893 of 2014 set aside.
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.
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1681 of 2014
ORDER :
1) This revision is filed by the petitioner/accused under Section 397 and 401 Cr.P.C. aggrieved by the order dated 22.07.2014 in Crl.M.P.Sr.No.3893 of 2014 in C.C. No.768 of 2007 on the file of the learned III Additional Judicial Magistrate of the First Class, Kakinada under which the petitioner herein prayed to recall the N.B.W pending execution against him. When the petitioner called absent in the above petition, the trial Court dismissed the same.
2) Heard the learned counsel for the petitioner.
3) The N.B.W recall dismissal petition is resored at the unnumbered stage for default by the trial Court that is impugned in the present revision from the say the fact that having been restored, instead of remitting back and directing the lower Court to restore by consuming time of Court which is sacrosanct including of the learned magistrate, the recall application from the reason assigned therein having found just.
4) Accordingly, the revision is allowed by setting aside the order dated 22.07.2014 in Crl.M.P.Sr.No.3893 of 2014 in C.C. No.768 of 2007 on the file of III Additional Judicial Magistrate of the First Class, Kakinada. Consequently the miscellaneous petitions pending, if any, shall stand closed.
_________________________ Dr. B. SIVA SANKARA RĀO, J
Date: 25-08-2014 ksh
1 issue framed by the court
Whether to allow the revision petition challenging the trial court's dismissal of the Non-Bailable Warrant recall application.
2 provisions across 1 enactments
Petitioner/Accused
III Additional Judicial Magistrate of the First Class, Kakinada
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
