D.Vani Kumari v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.3 7 9 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ accused to call for the records relating to the order, dated 28.12.2017, passed in Crl.M.P.No.2597 of 2017 in C.C.No.210 of 2015, by the Special Magistrate - III, Cyberabad at Malkajgiri, and recall the Non-bailable warrant issued against her.

2 .

Heard the learned counsel for the petitioner/ accused, learned Assistant Public Prosecutor representing the respondentState and perused the record. 3 .

It is submitted on behalf of the petitioner/ accused that the petitioner/ accused is a widow. She is hospitalised and she is ready to face the trial.

4 .

When an application under Section 70(2) of Cr.P.C. is filed by the petitioner/ accused before the Court below to recall the Non-bailable Warrant issued against her, the Court below passed a detailed order, dated 28.12.2017, in Crl.M.P.No.2597 of 2017 in C.C.No.210 of 2015 referring number of citations while dealing with the subject matter of this petition and dismissed the said application. As per the records, the petitioner/ accused was absent from attending the Court on several dates of hearing. There is record to show that the petitioner is a chronic defaulter and she is trying to drag the proceedings without any justifiable

reasons. The impugned order passed by the Court below is a well-reasoned order and there are no circumstances to interfere with the same.

5 .

Hence, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 19th January, 2018 Bvv