Petitioner challenged non-bailable warrant. Court held absence was not deliberate evasion and directed appearance with a petition under Cr.P.C. 70(2) to recall warrant.
Directed to appear and file petition under Cr.P.C. 70(2) for recalling warrant.
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HON’BLE SRI JUSTICE M.S.K.JAISWAL
CRIMINAL PETITION No.8198 of 2016
ORDER:-
This criminal petition is filed against the order of issuance of non-bailable warrant against the petitioner/accused in C.C.No.426/2014 on the file of the Special Magistrate, Nandyal vide docket order dated 30.03.2015.
Heard both sides.
It is noticed from the record that the petitioner herein who was accused in C.C.No.426 of 2014 on the file of the Special Magistrate, Nandyal, was required to appear before the Court on 30.03.2015. On the said date, on behalf of the petitioner, a petition was filed to condone his absence. But the learned Magistrate has dismissed the same and issued warrant of arrest.
The conduct of the petitioner/accused does not demonstrate that he was deliberately avoiding to proceed with the case. In that view of the matter, the petitioner is directed to appear before the Special Magistrate, Nandyal, and file a petition under Section 70(2) Cr.P.C., for recalling the warrant, and in such event, the Court below shall dispose of the application of the petitioner/accused on the same day on which it is filed on reasonable terms, in accordance with law.
The Criminal Petition is disposed of accordingly. Miscellaneous petitions, if any, pending shall stand closed.
M.S.K.Jaiswal, J
16th June, 2016 Smr/dsr
2 issues framed by the court
Whether the petitioner deliberately avoided appearing before the court requiring a warrant to be issued?
What condition should be imposed for recalling the arrested warrant?
1 provisions across 1 enactments
Petitioner/Accused
State
M.S.K. Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
