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2020 Supreme(Telangana) 203
IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
G. Sri Devi, J.
Benjwal Sanjay Kumar - Appellant
Versus
State Of Telangana And Another - Respondent
Interlocutory Application No. 3 of 2020; Criminal Petition No. 16 of 2020
Decided On : 06-01-2020
Rama Rao Mavidi, Advocate
Headnote:
Criminal Procedure Code,1973 - Section 482 and 317 - Filed to recall NBW - Ill-health - Seeking to quash the proceedings - Petitioner filed criminal petition to quash proceedings in afore-said Calendar Case against the petitioner/accused No.1, he restricts his prayer seeking to recall Non-Bailable Warrant issued against petitioner/accused No.1 with liberty to file a fresh criminal petition to quash proceedings in afore-said Calendar Case - It is stated that due to ill-health the petitioner/accused No.1 as well as accused No.21 could not attend before Court below - Therefore, counsel appearing for them before Court below filed a petition. to dispense with their appearance - But however, Court below erroneously dismissed application - Petitioner/accused No.1 would submit that petitioner/accused No.1 is regularly attending before Court below on every date of hearing; that on due to ill-health, petitioner/accused No.1 could not attend before Court below and counsel appearing for him filed a petition under Section 317 Cr.P.C. to dispense with his appearance, but, however, Court below on erroneous consideration of facts without considering facts and circumstances of case -Held, submission made by learned counsel for petitioner/accused No.1 that petitioner/accused No.1 is suffering from ill-health and since docket order dated passed by learned Judicial Magistrate of First Class, in afore-said Calendar Case, does not indicate any reason for dismissing petition filed by petitioner/accused No.1, impugned docket order is liable to be set aside - Petitioner/accused No.1 is directed to surrender before Court concerned within a period of seven (7) days from today or by positively and on such surrender petitioner/ accused No.1 shall be enlarged on bail on his furnishing a personal bond for with two sureties for a like sum each to satisfaction of Judicial Magistrate of First Class - Criminal Petition is disposed of with liberty to petitioner/accused No.1 to file a fresh application at appropriate time - Consequently, I.A No. is allowed - Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
JUDGMENT
G.Sri Devi, J. - I.A.No.3 of 2020 is filed to recall NBW issued against the petitioner/Accused No.1 vide docket order, dated 20.08.2019, in C.C.No.100 of 2018 on the file of Judicial Magistrate of First Class, Chennur.
2. The Criminal Petition, under Section 482 Cr.P.C. is filed by the petitioner/accused No.1 seeking to quash the proceedings against him in the afore-mentioned Calendar Case.
3. Heard the learned counsel for the petitioner/accused No.1 and the learned Additional Public Prosecutor appearing for the 1st respondent-State. Perused the record.
4. Though learned counsel for the petitioner filed the criminal petition to quash the proceedings in the afore-said Calendar Case against the petitioner/accused No.1, he restricts his prayer seeking to recall Non-Bailable Warrant issued against the petitioner/accused No.1 with liberty to file a fresh criminal petition to quash the proceedings in the afore-said Calendar Case.
5. In the affidavit filed in support of the petition, it is stated that due to ill-health the petitioner/accused No.1 as well as accused No.21 could not attend before the Court below on 20.08.2019. Therefore, the counsel appearing for them before the Court below filed a petition under Section 317 Cr.P.C. to dispense with their appearance. But, however, the Court below erroneously dismissed the application.
6. Learned counsel for the petitioner/accused No.1 would submit that the petitioner/accused No.1 is regularly attending before the Court below on every date of hearing; that on 20.08.2019, due to ill-health, the petitioner/accused No.1 could not attend before the Court below and the counsel appearing for him filed a petition under Section 317 Cr.P.C. to dispense with his appearance, but, however, the Court below on erroneous consideration of facts without considering the facts and circumstances of case, simply dismissed the application without assigning any reason and ultimately, he prayed to set aside the docket order, dated 20.08.2019.
7. Having regard to the submission made by the learned counsel for the petitioner/accused No.1 that the petitioner/accused No.1 is suffering from ill-health and since the docket order, dated 20.08.2019, passed by the learned Judicial Magistrate of First Class, Chennu, in afore-said Calendar Case, does not indicate any reason for dismissing the petition filed by the petitioner/accused No.1, the impugned docket order is liable to be set aside.
8. Accordingly, Criminal Petition is disposed of with liberty to the petitioner/accused No.1 to file a fresh application at appropriate time. Consequently, I.A No.3 of 2019 is allowed recalling Non-bailable Warrant issued against the petitioner/accused No.1 on 20.08.2019 in C.C.No.100 of 2018 on the file of Judicial Magistrate of First Class, Chennur. The petitioner/accused No.1 is directed to surrender before the Court concerned within a period of seven (7) days from today or by 13.01.2020 positively and on such surrender, the petitioner/ accused No.1 shall be enlarged on bail on his furnishing a personal bond for Rs. 10,000/- (Rupees ten thousand only) with two sureties for a like sum each to the satisfaction of the Judicial Magistrate of First Class, Chennur.
Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.
