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2023 Supreme(Online)(AP) 54
HIGH COURT OF ANDHRA PRADESH MONDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 1140 OF 2022 Between:
1. BHUPATHIRAJU VARA PRASADA RAJU S/o.late Ramakrishnam Raju, Aged 48 years, Doctor M.D. (General Physician), Hyderabad, R/o.Vendra Village, Palakoderu Mandal, West Godavari District ...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by the Public Prosecutor, High Court at Andhra Pradesh, Nelapadu, Amaravathi, Guntur District.
...Respondent
2. The State, Rep.by its Sub-Inspector of Police, Palakoderu Police Station, Palakoderu, West Godavari District.
...RESPONDENTS Counsel for the Petitioner(s): P DURGA PRASAD Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Revision Case No.1140 OF 2022
ORDER:
This Criminal Revision Case is preferred against the order dated 18.11.2022, passed in Crl.M.P.No.1632 of 2022 in C.C.No.99 of 2021 on the file of the Court of the I Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District.
2. The learned Magistrate dismissed Crl.M.P.No.1632 of
2022 filed under Section 70(2) Cr.P.C. for recall of Non-Bailable warrant issued by the said Court. The reason given by the learned Magistrate while dismissing the said petition is that on an earlier occasion also the petitioner was absent and Non-Bailable Warrant was issued, which he got recalled on 02.5.2022 in Crl.M.P.No.162 of 2022 and it was on condition of furnishing personal bond for Rs.10,000/- with two sureties for the likesum. While it is so, again the petitioner remained absent in the Court on 16.5.2022 whereby notice to the sureties was also issued by ordering NBW against the petitioner and that the sureties on notice attended the Court but expressed their inability to produce the accused/petitioner herein and hence the bonds of the sureties were forfeited. It is further observed by the learned Magistrate in the impugned order that the petitioner failed to produce any proof about his ill-health and that his absence is causing delay in disposal of the main case, which is of the year 2021. The learned Magistrate further observed that the petitioner if he is having respect towards the procedure of law, he is at liberty to file petition under Section 70(2) Cr.P.C. by attending the Court personally.
Heard the learned counsel for the petitioner as well as the learned Special Assistant Public Prosecutor and perused the record.
This Court is also of the same opinion that an application has to be filed for recall of Non-Bailable Warrant under Section 70 (2) Cr.P.C. by the petitioner, by attending the Court. Since the petitioner is a Doctor and said to be hailing from respectable family, this Court is of the opinion that an opportunity can be given to the petitioner.
In the aforesaid facts and circumstances, the order passed by the learned Magistrate, dated 18.11.2022 is set aside and the petitioner is directed to appear before the Court and file similar application for recall of NBW. On receipt of such application from the petitioner, the learned trail Court is directed to consider the same in accordance with law.
6. With the above observation, this Criminal Revision Case is disposed of.
As a sequel, interlocutory applications pending, if any, in this Criminal Revision case shall stand closed.
___________________________ K.SREENIVASA REDDY, J Date:02.01.2023 GR
157 THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Revision Case No.1140 OF 2022 Date: 02.01.2023 GR
