Allowed

Sri.Pola Saikumar v. The State of Telangana

Telangana HC6 Jul 2022CRLP/5915/2022

Case brief

AI extract

What is this about?

In a criminal petition, the High Court allowed the cancellation of a Non-Bailable Warrant and the suspension of a lookout circular against an accused absconder in the USA. Directions were issued for the accused to appear within one month. If he appears and demonstrates solvency, the warrant shall be recalled.

What did the court decide?

Petition allowed; NBW to be recalled if accused appears within one month and produces sufficient solvency; Lookout circular suspended for one month; Accused directed to appear within one month.

Sri.Pola Saikumar Vs The State of Telangana — Telangana HC (2022) — LawSathi Research

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THE HON’BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.5915 of 2022

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ORDER:

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Heard the submission of learned counsel for the petitioner as well as learned Assistant Public Prosecutor.

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This criminal petition is filed seeking the Court to cancel the Non Bailable Warrant (NBW) and also to suspend the lookout circular that is issued against the petitioner in connection with C.C.No.16050 of 2019 that is pending on the file of the Court of XV Additional Chief Metropolitan Magistrate, Hyderabad at Nampally.

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Learned counsel for the petitioner submits that the petitioner, who is arrayed as accused No.1 is at United States of America (USA), eaking out livelihood and he never intended to escape from the jurisdiction of the Court or to stall the proceedings and, therefore, the NBW issued has to be cancelled.

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Dr.CSL, J Crl.P.No.5915 of 2022

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The learned Assistant Public Prosecutor states that

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as the petitioner failed to appear before the Court concerned, NBW was issued and in case the petitioner appears, he has no objection for cancellation of NBW.

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Once Non-Bailable Warrant is issued by a competent

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Court, it is not desirable to cancel the same. Further, the said NBW can be recalled in case the petitioner/accused, against whom the NBW was issued, appears before the Court and submits the reasons for non appearance and when the Court is satisfied by the said explanation.

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It is submitted that as the petitioner was eaking livelihood at United States of America, he could not appear before the concerned Court. Learned counsel for the petitioner also states that petitioner/accused will definitely appear before the concerned Court.

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Having regard to the said submission, this Court considers desirable to allow the petition as prayed for.

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Dr.CSL, J Crl.P.No.5915 of 2022

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In the result, the petition is allowed with the following

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directions:-

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a) A1 is directed to appear before the Court of XV Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, in connection with the proceedings that are pending against him in C.C.No.16050 of 2019 within one month.

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b) In case the petitioner/A1 makes his appearance and produces sufficient solvency to the satisfaction of the Court, Non Bailalbe Warrant issued against him shall be recalled.

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c) The lookout circular issued against the petitioner/A1 shall stand suspended for a period of one month from this day.

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This Criminal Petition is accordingly disposed of.

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Date: 06.07.2022

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NOTE : CC by 07.07.2022 B/o : PSSK

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__________________________________ DR. CHILLAKUR SUMALATHA, J

Sri.Pola Saikumar v. The State of Telangana

Case brief

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Sri.Pola Saikumar v. The State of Telangana

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