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HIGH COURT OF TELANGANA
B. VIJAYSEN REDDY, J
Manda Naveen – Appellant
Versus
The State of Telangana – Respondent
CRLP/5633/2024
Criminal Procedure - Section 482 CrPC - POCSO Act - Quashing of Order Dismissing Application under Section 70(2) CrPC
Fact of the Case:
The petitioner filed a petition under Section 482 of the Criminal Procedure Code to quash the order dated 15.05.2024 passed by the Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, dismissing the petitioner's application under Section 70(2) of CrPC in a POCSO case. The petitioner was residing in the United Arab Emirates and could not appear before the trial court, and a non-bailable warrant was issued against him.
Finding of the Court:
Considering the fact that the petitioner is now ready to cooperate with the trial and abide by the conditions imposed by the trial court, the court allowed the criminal petition, set aside the order dismissing the application under Section 70(2) CrPC, and recalled the non-bailable warrants issued against the petitioner. The trial court was directed to impose conditions to ensure the petitioner's appearance from time to time.
Issues: Whether the order dismissing the petitioner's application under Section 70(2) CrPC should be quashed, and the non-bailable warrants issued against the petitioner should be recalled.
Ratio Decidendi: The court considered the fact that the petitioner is now ready to cooperate with the trial and abide by the conditions imposed by the trial court, and therefore, allowed the criminal petition to set aside the order dismissing the application under Section 70(2) CrPC and recalled the non-bailable warrants.
Final Decision: The criminal petition is allowed, setting aside the order dated 15.05.2024 in Crl.M.P.No.84 of 2024 in POCSO S.C.No.84 of 2015 passed by the trial court. The non-bailable warrants issued against the petitioner on 14.11.2018 are recalled, and the petitioner is directed to appear before the trial court on every date of hearing. The trial court is at liberty to impose conditions to ensure the petitioner's appearance from time to time.
ORDER
This petition is filed, under Section 482 of the Criminal Procedure Code, (for short ‘Cr.P.C.’) to quash the order dated 15.05.2024 in Crl.M.P.No.84 of 2024 in POCSO S.C.No.84 of 2015 passed by the learned Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases, Rajanna Siricilla (for short ‘Trial Court’).
2. Learned counsel for the petitioner submitted that application filed by the petitioner under Section 70(2) of Cr.P.C. in Crl.M.P.No.84 of 2024 in POCSO S.C.No.84 of 2015 before Trial Court was dismissed by the order dated 15.05.2024 on the ground that the petitioner continuously failed to appear before the Court from the year 2015 till that day.
3. It is submitted that the petitioner is residing in United Arab Emirates and could not appear before the Trial Court. The petitioner came to India recently and he is ready to co-operate with the trial. But, there is imminent threat of arrest and in such event, petitioner would suffer irreparable loss and injury.
4. Learned Additional Public Prosecutor, representing respondent No.1 - State submitted that petitioner had been absconding since 2015 and Non-Bailable Warrant was issued to the petitioner to arrest him and he does not deserve any relief.
5. Heard learned Counsel for the petitioner, learned Additional Public Prosecutor for respondent No.1- State, and perused the material on record.
6. Considering the fact that petitioner is ready to co-operate with the trial and abide by the conditions imposed by the Trial Court, this Criminal Petition is allowed setting aside the order dated 15.05.2024 in Crl.M.P.No.84 of 2024 in POCSO S.C.No.84 of 2015 passed by the learned Trial Court. Consequently, the NBWs issued against the petitioner on 14.11.2018 are recalled. Petitioner is directed to appear before the trial Court on every date of hearing. Further, the trial Court is at liberty to impose conditions, so as to ensure the appearance of the petitioner, from time to time.
As a sequel thereto, miscellaneous applications, if any, pending in the criminal petition stand closed. There shall be no order as to costs.
_______________________ B. VIJAYSEN REDDY, J Date: 23.05.2024 MS
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