Md. Jakeer Hussain v. Afreen Tharanoom, And Another

HON'BLE JUSTICE G. SRI DEVI CRIMINAL REVISION CASE No.242 of 2020 ORDER :

This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C. to set aside the docket order, dated 19.12.2019 in M.C.No.25 of 2019 on the file of the Family Court-cum-VIII Addl. Sessions Judge, Mahabubnagar. 2.

Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor representing the State. 3.

The order, dated 19.12.2019, passed by the trial Court reads thus:

"Petitioner present. Respondent called absent. Issue NBW. Call on 30.01.2020."

4.

Learned counsel for the petitioner submits that the learned Judge ought to have verified whether the summons were served on the petitioner before issuing NBWs. The summons sent to the petitioner returned with an endorsement 'no such addressee'. He further submits that the learned Judge failed to apply his mind in proper perspective before issuing NBW. He further submits that the petitioner is innocent and never harassed the respondent for additional dowry nor necked her out of the house. Hence, he prays to set aside the NBW issued against the petitioner. 5.

For the reasons stated in the grounds of revision and the submissions made by the learned counsel for the petitioner, the order passed by the trial Court directing to issue NBW against the petitioner is hereby set aside. The

petitioner is directed to surrender before the Family Courtcum-VIII Addl. Sessions Judge, Mahabubnagar, positively by 10.03.2020 and on such surrender, the petitioner shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- with two sureties for a like sum each to the satisfaction of the said Court.

6.

With the above direction, the Criminal Revision Case is disposed of. Miscellaneous petitions, if any pending shall stand closed.

__________________________ JUSTICE G.SRI DEVI DATED: 26.02.2020.

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