Allowed

Jagabatuula.Balakota.Bhaskar Rao v. the State of Ts

Telangana HC16 Mar 2018CRLRC/766/2018

Case brief

AI extract

What is this about?

The Criminal Revision Court allowed the petitioner's appeal against the dismissal of a petition to recall a Non-Bailable Warrant. The Court granted time until 30th April 2018 for the petitioner to appear in person and file the required application, keeping the warrant in abeyance.

What did the court decide?

Petitioner granted time till 30th April 2018 to appear personally before trial court and file application for recall of NBW; NBW kept in abeyance until then; trial court may execute NBW on failure.

Jagabatuula.Balakota.Bhaskar Rao Vs the… — Civil Procedure and Limitation | Telangana HC (2018)

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HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO

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CRIMINAL REVISION CASE No.766 of 2018

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ORDER:

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Heard Sri D.Purna Chandra Reddy, learned counsel for the

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petitioner and the learned Additional Public Prosecutor.

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This Criminal Revision Case is disposed of at the admission

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stage as this Court finds no reason to order notice to the defacto

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complainant.

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This Criminal Revision Case is filed by the petitioner/A.1 aggrieved by the order dated 5^th January, 2018 in Crl.M.P.No.6752 of 2017 in C.C.No.1834 of 2014 whereby the learned II Additional Junior Civil Judge-cum-XIX Metropolitan Magistrate, Cyberabad, Kukatpally, at Miyapur, dismissed the petition filed by him under

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Section 70 (2) Cr.P.C. with a prayer to recall NBW pending against

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the petitioner/A.1 on the observation that the petition was filed only

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through Special Power of Attorney and he has not appeared before the court in person.

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Learned counsel for the petitioner would submit that the

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petitioner/A.1 is working in U.S.A. since 2010 and his official address

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is wrongly shown in charge sheet as India and mentioned as

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absconding and thereby, the court was pleased to issue NBW. Inspite

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of the same, the petitioner, on knowing about the proceedings of the

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case, got filed a petition under Section 70 (2) Cr.P.C. for recall of

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warrant but the same was unfortunately dismissed.

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Learned counsel would further submit that the petitioner is

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ready to attend the court and file a regular petition under Section 70

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(2) Cr.P.C. for recall of warrant, and time may be granted to him.

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Learned Additional Public Prosecutor left the matter to the

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discretion of the court.

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In view of the above submission of counsel for the petitioner, this Criminal Revision Case is allowed and the petitioner/A.1 is granted time till 30^th April, 2018 on or before which time, he has to

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personally attend the trial court and file an application under Section

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70 (2) Cr.P.C.for recalling N.B.W. in which event, trial court shall

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allow the same and recall the NBW. Till 30^th April, 2018, the NBW

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issued against him shall be kept in abeyance. On his failure to comply with the direction in this order, the trial court is at liberty to

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get the NBW executed.

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As a sequel, miscellaneous applications pending if any, shall

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stand closed.

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JUSTICE U.DURGA PRASAD RAO

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Dated 16^th March, 2018.

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Note:

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Issue C.C. by 19-03-2018. BO

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Dvs

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HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO

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CRIMINAL REVISION CASE No.766 of 2018

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Dated 16^th March, 2018.

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Dvs

Jagabatuula.Balakota.Bhaskar Rao v. the State of Ts

Case brief

What is this about?

What did the court decide?

Jagabatuula.Balakota.Bhaskar Rao v. the State of Ts

Case brief

What is this about?

What did the court decide?

What the court decided

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