HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.10600 OF 2014 Dated 23-9-2014 Between:
Jesta Rama Devi.
And:
..Petitioner.
The State of A.P. represented by its Public Prosecutor, High Court at Hyderabad, through Station House Officer, G.Konduru Police Station, Krishna District.
..Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.10600 OF 2014 ORDER:
This petition is filed to quash order dated 23-8-2014 in Crl.M.P.No.1821 of 2014 in C.C.No.430 of 2011 whereunder Judicial First Class Magistrate, Mylavaram, Krishna District, refused to recall N.B.W. against the petitioner.
Heard both sides.
Advocate for petitioner submitted that petitioner is A.1 in C.C.No.430 of 2011 for the offences under Sections 465 and 409 I.P.C. and the case is pending for trial.
It is further submitted that petitioner filed a petition to recall warrant but the trial court dismissed the application holding that no specific reasons for the absence of the petitioner, the day on which N.B.W. was issued are not mentioned in the petition and that it is an old case and N.B.W. is pending since about one year.
It is further submitted that police filed four cases against the petitioner and other accused in respect of alleged misappropriation over a period of about four years and charge sheets are filed year wise and in other cases, this court recalled N.B.W. by imposing costs and it is submitted to consider the said order.
I have perused the order of this court in Criminal Petition Nos.10618 of 2014 and 11190 of 2014 dated 16- 9-2014 whereunder N.B.W. issued against the same petitioner in C.C.No.431 of 2011 and 433 of 2011 was recalled on condition of paying costs of Rs.5,000/- in each case to the District Legal Services Authority.
Considering the facts and circumstances and submissions of the advocate for petitioner and also orders passed by this court in the connected cases referred above, I feel that the request of the petitioner can be considered.
Accordingly, this Criminal Petition is disposed of directing A.1 to approach the court below and file a petition for recalling of N.B.W. and on such filing of application, trial court shall recall the warrant on condition of petitioner paying Rs.5,000/- (Rupees five thousand only) to the District Legal Services Authority by way of costs and on further condition that petitioner shall regularly attend the court and co-operate with the trial court for trial of this case.
As a sequel to the disposal of this Criminal Petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 23-9-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.10600 OF 2014 Dated 23-9-2014