Order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner/A-1, challenging the order dated 17.08.2023, passed in Crl.M.P.No.360 of 2023 in C.C.No.133 of 2022, by the learned Principal Junior Civil Judge-Cum-XI Additional Metropolitan Magistrate at Gannavaram, returning the petition filed for permitting the petitioner to file her written statement on the relevant questions which are to be put to her as sufficient compliance of section 313 Cr.P.C., and consequently, it is prayed to recall NBW issued against her on 17.08.2023.

2. A Charge sheet has been filed against the petitioner/A-1 and another for the offences under Sections 324, 323, 447 read with 34 IPC arising out of Cr.No.130 of 2022 of Atkuru Police Station, Krishna District, which was taken on file as C.C.No.133 of 2022. As seen from the record, pending the said criminal case before the learned Principal Junior Civil Judge-Cum-XI Additional Metropolitan Magistrate at Gannavaram, the learned Magistrate passed an order dated 24.07.2023, dismissing the petition filed under Section 317 Cr.P.C., holding that during trial, the Court accommodated the petitioner, who is residing at United States of America, and condoned her absence on several occasions on filing the petition under Section 317 Cr.P.C. It is further held that the Court granted three adjournments to the petitioner for attending the examination under Section 313 Cr.P.C., but, the petitioner failed to attend the Court and filed petitions as if she will purchase a ticket to India from USA on 04.12.2023, which shows her reluctant to attend the Court and accordingly, the trial Court dismissed the application and issued Non-Bailable Warrant against the petitioner herein.

3. Learned counsel for the petitioner submits that the petitioner is not just a resident of United States of America, but also she is an employee there. He further submits that the petitioner booked her flight ticket on 04.12.2023, for attending the Court. Learned counsel further undertakes that the petitioner will positively attend the Court and co-operate in answering the examination under Section 313 of Cr.P.C. As such, he prays to set aside the order dated 24.07.2023, and recall the NBW.

4. In view of the above facts and circumstances and having considered the submissions of the learned counsel for the petitioner, this Court is of the considered view that ends of justice would be met if the trial Court is directed to consider the application filed by the petitioner herein for recalling the Non-Bailable Warrant issued against her.

5 Accordingly, the Criminal Petition is allowed and the order dated 24.07.2023, passed by the learned Principal Junior Civil Judge-Cum-XI Additional Metropolitan Magistrate at Gannavaram, in Crl.M.P.No.333 of 2023 in C.C.No.133 if 2022, is hereby set-aside. The learned Magistrate is directed to consider the application that may be filed by the petitioner herein under Section 70(2) Cr.P.C. for recalling the Non- Bailable Warrant issued against her and dispose of the same in accordance with law by imposing of appropriate terms and conditions, if necessary, as it deems fit, when the petitioner appears for answering the examination under Section 313 Cr.P.C.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

_________________________

K. SREENIVASA REDDY, J.

Date:21.09.2023 SRT

108 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.7007 of 2023 Date:21.09.2023 SRT