HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.5459 of 2024

ORDER :

Challenging the impugned order dated 16.02.2024 in Crl.M.P.No.52 of 2024 in SC.No.322 of 2017 petitioner-accused No.5 filed this Criminal Petition seeking to quash the order passed on 16.02.2024 in Crl.M.P.No.52 of 2024 in SC No.322 of 2017 on the file of the Court of Principal Sessions Judge, Nagarkurnool.

2. Heard Mr.J.Raghu Ram, learned counsel for the petitioner and Mr.M.Ramachandra Reddy, learned Additional Public Prosecutor for respondent-State and perused the record.

3. Learned counsel for the petitioner submits that the trial Court erred in dismissing the petition filed for recall of NBW against the petitioner. It is submitted that the absence of the petitioner on 03.09.2021 is neither willful nor negligent but due to multiple health problems and due to shock owing to death of a family member and as such, he could not appear before the trial Court.

4. He further submitted that this Court in Crl.P.No.12769 of 2023 passed an order, wherein the petitioner is directed to appear before the Court of Junior Civil Judge, Achampet on 11.01.2024 and to file an application under section 70(2) of Cr.P.C. and di