Quashed

M. Rama Reddy, v. the State of Ap Rep by Its Pp Hyd., and Another

Telangana HC12 Nov 2018CRLP/5585/2011

Case brief

AI extract

What is this about?

This court quashed an order dated 09.06.2011 issuing a non-bailable warrant against the petitioner, held to be a fit case for quashing despite prior permission for arrest post-charge sheet.

What did the court decide?

The order dated 09.06.2011 dated issued by VII Additional Chief Metropolitan Magistrate, Hyderabad, issuing NBW against the petitioner is quashed.

M. Rama Reddy, Vs the State of Ap Rep by Its Pp Hyd… — Anticipatory Bail | Telangana HC (2018)

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SMT JUSTI CE T. RAJANI

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CRI MI NAL PETI TI ON No.5 5 8 5 of 2 0 1 1

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ORDER:

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This petition is filed by the petitioner, who is the accused, seeking to quash the order, dated 09.06.2011, passed by the court of VII Additional Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.1937 of 2011 in PRC No.27 of 2011, by virtue of which the court below dismissed the petition, which was filed under Section 70(2) CrPC seeking to recall NBW issued against the petitioner.

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Heard the counsel for the petitioner and the Public Prosecutor appearing for the 1^st respondent. None appears for the 2^nd respondent in spite of notice.

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The counsel for the petitioner brings to the notice of this court that this court by virtue of the order, dated 03.02.2011, passed in Crl.P.No.2088 of 2009 stayed the arrest of the petitioner in this crime until filing of the charge sheet. After filing of the charge sheet, the police appeared to have requested the court to issue NBW and thereby, the court issued NBW. The counsel further submits that as per the judgment of this court in BHAGAW AN PREMCHANDANI V. THE STATE OF ANDHRA PRADESH¹ the Magistrate has ample power to dismiss the petition.

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The order passed by this court in the aforesaid criminal petition shows that there was stay of arrest till filing of the

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1 1998(1) ALT (Crl.) 110 (AP)

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charge sheet and the police were given liberty to effect the arrest of the petitioner after filing of the charge sheet. But this court opines that it does not mean that the court can exercise such power and can oblige the police in securing the presence of the petitioner by way of NBW.

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In view of the above, this court opines that this is a fit case for quashing the impugned order.

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With the above observations, the Criminal Petition is allowed and the order, dated 09.06.2011, passed by the court of VII Additional Chief Metropolitan Magistrate, Hyderabad, issuing NBW against the petitioner, is hereby quashed.

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As a sequel, the miscellaneous applications pending, if any,

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shall stand closed.

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_ _ _ _ _ _ _ _ _ _ T. RAJANI , J November 12, 2018 LMV

M. Rama Reddy, v. the State of Ap Rep by Its Pp Hyd., and Another

Case brief

What is this about?

What did the court decide?

M. Rama Reddy, v. the State of Ap Rep by Its Pp Hyd., and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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