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2002 Supreme(AP) 1153

C.Y.SOMAYAJULU
K. Sreenivasa Rao – Appellant
Versus
State Of A. P. – Respondent


O R A L O R D E R

Order dated 8-8-2002 issuing N.B.W., against the petitioner, who is cited as a witness in C.C.No.62 of 2001 on the file of the Court of the Additional Judicial First Class Magistrate, Chirala is the subject matter of this petition.

2. One P.Bala Sankar Rao filed a private complaint against respondents 2 to 4 for offences under Sections 365, 342 and 383 read with Section 34 I.P.C., citing the petitioner and others as witnesses on his behalf, which was referred to the police for investigation under Section 156(3) Cr P.C. The same was registered as Crime No. 12 of 2001 by the Chirala II Town police. After investigation, the police filed a charge sheet for offences under Sections 365, 342 and 383 read with Section 34 Indian Penal Code against respondents 2 to 4 herein. The learned Magistrate posted the case for trial to 1-8-2002, after framing charges and issued summons to witnesses. Since the petitioner and others were not present on 8.8.2002 though they ware served with summons, the learned Magistrate issued N.B.Ws., to the petitioner and other witnesses and posted the case to 16-8-2002. On 16-8-2002 some witnesses, to whom N.B.Ws., were issued, were pre






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