M. Ajendra Babu v. State Of Ap.,

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVSIION CASE No.587 of 2018 O R D E R:

Heard Sri Narasimha Rao Gudiseva, learned counsel for petitioner/accused and this Criminal Revision Case is disposed of at the admission stage in view of the facts involved therein. 2.

The present Criminal Revision Case is filed aggrieved by the order dated 16.02.2018 in Crl.M.P.No. 571 of 2018 in C.C.No. 565 of 2015 passed by the Additional Judicial First Class Magistrate, Nandigama, whereunder, the trial Court dismissed the petition filed by him under Section 70 (2) Cr.P.C, seeking to recall the NBW issued against him. 3.

Learned counsel for petitioner would submit that the petitioner/accused suffered mental agony because of his son's sudden death and also due to his insolvency and in those circumstances he could not appear before the trial Court on the relevant dates and thereby NBW was issued against him. He would submit that an opportunity may be granted to him to defend the case by setting aside the impugned order. 4.

In the interest of justice, the Criminal Revision Case is allowed and the impugned order dated 16.02.2018 is set aside with the direction that the petitioner/accused shall personally appear before the trial Court and file a fresh application under Section 70(2) Cr.P.C, seeking to recall

NBW issued against him, in which case, the trail Court shall recall the NBW. The petitioner/accused is directed to assist the trial Court for smooth completion of the trial.

5.

As a sequel there to, miscellaneous applications, pending if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 28.02.2018 KA