[HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2086 OF 2012 Dated 9-6-2014 Between:
Samuel Avinash Nittala.
..Petitioner.
And:
The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2086 OF 2012 ORDER:
This petition is filed to quash order of the III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka whereunder petition filed under Section 70(2) Cr.P.C. is returned with some objection.
2. Heard the advocate for petitioner.
3. He submitted that petitioner herein filed Criminal Petition No.6909 of 2011 to quash F.I.R.No.232 of 2011 but police completed investigation and filed charge sheet which is registered as C.C.No.688 of 2011 and in that case, N.B.W. was issued against the petitioner and the petitioner filed petition under Section 70(2) Cr.P.C. to recall N.B.W., and the same is returned to explain as to the maintainability of the petition in view of the interim stay granted by this court in Crl.P.M.P.No.7142 of 2011 in Criminal Petition No.6909 of 2011.
4. I have perused the material papers. Criminal Petition No.6909 of 2011 is filed to quash the F.I.R. whereudner stay was prayed for and this court granted interim stay with regard to investigation. But it appears that police have completed investigation and filed charge sheet and as such N.B.W.was issued against the petitioner. In that case, a petition under Section 70(2) Cr.P.C. is filed to recall warrant, but the learned Magistrate returned the said application in view of the interim stay granted by this court. The petitioner without answering that objection straight away approached this court by way of this petition.
5. Now the petitioner can as well approach the court below by filing a fresh petition under Section 70(2) Cr.P.C. and the court below shall consider the same on merits and dispose of the same without being influenced by the dismissal of this criminal petition.
6. With this observation, this Criminal Petition is dismissed.
7. As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 9-6-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.2086 OF 2012 Dated 9-6-2014