High Court for State of TelanganaCRLP/72/2020disposed of no costs

Mallam Sathyanarayana v. The State Of Telangana And Another

2020-01-06G Sri Devi2 pages

HONOURABLE JUSTICE G.SRI DEVI CRIMINAL PETITION No.72 of 2020 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the order dated 01.02.2018 in C.C.No.147 of 2015 on the file of the learned Principal Judicial First Class Magistrate, Mahabubabad. 2.

Learned counsel for the petitioner submitted that the petitioner is not aware of the registration of the crime or filing of charge sheet or pendency of the aforesaid C.C; that when the Police are trying to apprehend him, he came to know that non-bailable warrant is pending against him in the above said C.C; that the case was posted for execution of warrant and hearing on 05.02.2020; and that the petitioner is ready to appear before the trial Court on 05.02.2020. Learned counsel further submitted that there are certain disputes between the other accused and the de facto complainant with regard to ownership of property and therefore, unnecessarily the petitioner was dragged into the present case. Learned counsel therefore prayed to recall the aforesaid order.

Learned Additional Public Prosecutor submitted that the contents of the F.I.R. clearly disclose the involvement of the petitioner in the aforesaid crime and hence, he prayed to dismiss the Criminal Petition. 4.

Considering the submissions made by the learned counsel for the petitioner and in view of the facts and circumstances of the case and in the interest of justice, the order dated 01.02.2018 in C.C.No.147 of 2015 on the file of the learned Principal Judicial First Class Magistrate, Mahabubabad, is hereby quashed, recalling the non-bailable warrant issued against the petitioner. The petitioner is directed to surrender

before the trial Court positively by 20.01.2020 and on such surrender, the trial Court shall enlarge him on bail on his executing a personal bond for a sum of Rs.25,000/ - (Rupees Twenty five thousand only) with two sureties each for the like sum to the satisfaction of the said Court. Thereafter, the petitioner shall positively appear before the trial Court on every date of hearing till the completion of trial in the aforesaid C.C. 5.

Subject to the above directions, the Criminal Petition is disposed of.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

_________________ JUSTICE G. SRI DEVI 06th January, 2020.