IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF MAY, WO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE: M. S.K. JAISWAL CRL.P. No. 5774 OF 2014 Between:
B. Venkateswara Reddy S/o B. Venkata Reddy Petitioner/Accused AND
1. The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad.
2. M. Sambasiva Reddy S/o M. Chandrasekhara Reddy, Occ: Business, R/o H. No. 3-38-K-1, Lakshmi Nagar, Kurnool City.
Respondents/Respondents/Complainant COUNSEL FOR THE PETITIONER: Sri C. Hanumantha Rayudu COUNSEL FOR THE RESPONDENT : The Additional Public Prosecutor Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the petition and grounds filed herein, the High Court may be pleased to recall the order dated 6-5-2014 passed in Crl.M.P. No. 1229/2014 in CC. No. 286 of 2013 on the file of the Judicial Magistrate of First Class Special Mobile Court, Kurnool.
THE COURT MADE THE FOLLOWING ORDER “Heard both sides.
This petition under Section 482 of the Code of Criminal Procedure is filed seeking to set aside the order dated 06.05.2014 passed in Crl.M.P.No.1229 of 2014 in C.C.No.286 of 2013 under which the learned Judicial Magistrate of First Class, Special Mobile Court, Kurnool, refused to recall the warrant issued against the accused.
It is submitted by the learned counsel appearing for the petitioner- accused that non-appearance of the accused on the date of hearing before the trial Court was due to the fact that he was suffering with some ailment, which prevented him from appearing before the trial Court.
Considering the said submission, this petition is allowed and the non-bailable warrant pending against the petitioner-accused is hereby recalled subject to condition of the petitioner executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for the likesum each to the satisfaction of the trial Court.”
//TRUE COPY// To ASSISTANT REGISTRAR for ASSISTANT REGISTRAR
1. The Judicial Magistrate of First Class, Special Mobile Court, Kurnool.
2. M. Sambasiva Reddy S/o M. Chandrasekhara Reddy, Occ:
Business, R/o H. No. 3-38-K-1, Lakshmi Nagar, Kurnool City.
3. Two CCs to Public Prosecutor, High Court of A.P., Hyderabad. (OUT)
4. One CC to Sri C. Hanumantha Rayudu, Advocate (OPUC)
5. One Spare copy BV HIGH COURT MSKJ.J DATED: 23-05-2014 ORDER CRL.P.NO.5774 OF 2014 DIRECTION DRAFTED: BY BV DATED : 23-05-2014 HIGH COURT MSKJ.J DATED: 23-05-2014 ORDER CRL.P.NO.5774 OF 2014 DIRECTION