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2020 Supreme(Telangana) 699

K.LAKSHMAN
N. Venugopal Rao – Appellant
Versus
State Of Telangana – Respondent


Advocates:
S. Surender Reddy, Advocate

JUDGMENT

K. Lakshman, J. - The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), to quash the docket order dated 20.08.2020 in C.C. No.3381 of 2020 passed by the learned V Additional Metropolitan Magistrate - cum - V Additional Junior Civil Judge, Cyberabad at L.B.Nagar by recalling the Nonbailable Warrant (NBW) issued against the petitioner.

2. The petitioner is sole accused in the said C.C.No.3381 of 2020. The offence alleged against him is under Section 420 of IPC.

3. Heard Mr. S. Surender Reddy, learned counsel for the petitioner - accused and the learned Assistant Public Prosecutor appearing on behalf of the respondent - State, and perused the entire material available on record.

4. The learned counsel for the petitioner would submit that the trial Court, at the first instance, cannot issue NBW against the petitioner and it has to issue summons to the petitioner to appear in C.C. No.3381 of 2020. Instead of doing so, the trial Court has issued NBW at the first instance which is abuse of process of law. He would further submit that the petitioner is unaware of pendency of the above said crime and also the C.C. He

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