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High Court for State of TelanganaCRLRC/1825/2017allowed no costs

M.Satish Kumar v. The State Of Telangana

2017-07-05M.Seetharama Murti2 pages

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI CRIMINAL Revision Case No. 1825 OF 2017 ORDER:

This Criminal Revision Case, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, is filed by the petitioner aggrieved of the return endorsement, dated 27.06.2017, of the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, in Crl.MP(SR).No.3611 of 2017 in Crime No.505 of 2015 filed for recalling of the N.B.W., issued against the petitioner/A1.

2.

I have heard the submissions of Sri Naraparaju Avanesh, learned counsel appearing for the petitioner, and of the learned Public Prosecutor representing the State of Telangana.

3.

I have perused the material record.

4.

Learned counsel for the petitioner, while submitting that the petitioner's-A1's petition filed, on 15.06.2017, for recalling the N.B.W. issued against him is returned inter alia stating that the petition is filed in the absence of petitioner-A1, would further submit that there are a catena of decisions in support of the proposition that the presence of the accused before the trial Court is not necessary at the hearing of the petition filed for recalling of the NBW and prays for granting appropriate orders. 5.

Having regard to the facts and submissions, this court is of the considered view that this revision can be disposed of at the stage of admission.

6.

In the result, the Criminal Revision Case is allowed and while directing that the N.B.W., issued against the petitioner/accused shall remain in abeyance till the disposal of Crl.M.P(SR).no.3611 of 2017 in Crime No.505 of 2015, the learned XIII Additional Chief Metropolitan Magistrate, , Hyderabad, is directed to entertain and register the returned petition on its resubmission by the petitioner and dispose of the same, on merits and as expeditiously as possible and preferably within a period of two weeks from the date of receipt of a copy of this order, without insisting upon for the appearance of the petitioner at the time of hearing of the said miscellaneous petition.

As a sequel to this order, the miscellaneous applications, if any, shall stand closed.

__________________________________ JUSTICE M.SEETHARAMA MURTI 5th July, 2017 Note: Registry is directed to return the original Crl.MP(SR) to the petitioner for re-presenting it before the trial Court.

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