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2014 Supreme(Kar) 786

K.N.PHANEENDRA
Gunashekar – Appellant
Versus
State by Hosahalli Police – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Nanjunda Gowda M.R., Advocate.

ORDER

1. The Counsel for the petitioner is absent.

Heard the learned High Court Government Pleader and perused the records.

This petition is filed by the petitioner seeking quashing of the Non-Bailable Warrant (NBW) issued against the petitioner herein by the learned Civil Judge and Judicial Magistrate First Class, Kudligi, directing him to produce the absconding accused in the case.

2. The records disclose that a person by name Babu S/o Raheem is arrayed as accused in C.C. No. 130 of 2013 for the offences punishable under Sections 279 and 304-A of Indian Penal Code, 1860 read with Sections 187 and 183 of Motor Vehicles Act, 1988. The records further disclose that, the accused was absconding from appearance before the Court. For that reason, on 21-8-2013, the Court issued NBW against the accused. On 30-9-2013, a notice to surety was also ordered. Subsequently, the Court issued notice to the owner of the vehicle calling upon him to produce the absconding accused. Subsequently, the owner presented himself and prayed time to produce the accused, but he failed to do so. Therefore, NBW was issued to the owner, against which order the present petition is filed.

3. The learned Magistrate has l



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