Disposed

Shaik Gori Bee v. The State of Ap

Telangana HC19 Feb 2016CRLP/2055/2016

Case brief

AI extract

What is this about?

The High Court, addressing a petition under Section 482 Cr.P.C. to quash proceedings for offences under IPC Section 341 and SC/ST Act, observed that the accused should be given an opportunity to face trial. The court directed the accused to surrender, seek recall of NBWs, and execute a personal bond, after which the trial court must recall warrants and commit the case to the Session Court.

What did the court decide?

Petition disposed of; direction to surrender, file for recall of NBW, execute personal bond with surety, and commit case to Sessions Court.

Shaik Gori Bee Vs The State of Ap — Quashing and FIR | Telangana HC (2016)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO

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CRIMINAL PETITION No.2055 of 2016

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ORDER:

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This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners seeking to quash the P.R.C. No.89 of 2015 on the file of the Judicial First Class Magistrate, Kurnool, Kurnool District, for the offence under Section 341 read with Section 34 I.P.C. and Section 3 (1)(x) of S.Cs. & S.Ts. (PoA) Act, 1989.

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Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record.

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After arguing for some time, the learned counsel for petitioners confined his argument only in connection with pendency of N.B.Ws. against petitioners herein and submitted that petitioners/accused are ready to surrender before the Court concerned and file a petition to recall the N.B.W. pending against them and prayed a direction to the trial Court to recall the warrant. The learned counsel for the petitioners/accused further submitted that the petitioners/accused are ready to appear before the trial Court on each and every hearing.

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Considering the facts and circumstances of the case

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and also in view of the submissions made by the learned counsel for the petitioners, this Court is of the view that an opportunity can be given to the petitioners/accused to appear before the Court concerned to face the trial.

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Accordingly, the petitioners/accused are directed to surrender before the Magistrate concerned and file an application to recall the NBW pending against them. On such surrender and filing of the application, the trial Court is directed to recall the warrants, pending against the petitioners/accused, on the same day on each of them executing a personal bond for a sum of Rs.1,000/(Rupees One Thousand only) with one surety for a like sum each to the satisfaction of the said Magistrate and also commit the case to the Court of sessions.

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With the above observation, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed.

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_________________ RAJA ELANGO, J.

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19-02-2016

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skmr

Shaik Gori Bee v. The State of Ap

Case brief

What is this about?

What did the court decide?

Shaik Gori Bee v. The State of Ap

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

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Case details

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