Somanna Raghunath Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1251 OF 2015 ORDER:

This criminal revision case under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner/accused seeking to set aside the order, dated 11.06.2015 passed in C.C.No.347 of 2014 on the file of the Court of the IX Special Metropolitan Magistrate at Hastinapuram, Cyberabad, whereby the Court below issued Non Bailable Warrant (NBWs) to the petitioner/accused. Heard and perused the material.

Learned counsel for the petitioner submits that the Court below ought to have issued summons under Section 105(1)(ii) of Code of Criminal Procedure through Ministry of Home Affairs to be served through Embassy, whereas summons were sent to the petitioner by Police through Courier to the petitioner's earlier address in Singapore and also to the Embassy of the Country of Singapore, which is illegal, and as such, prays this Court to recall NBW issued against the petitioner/accused.

Considering the facts and circumstances, the petitioner/accused is directed to surrender before the Court concerned and file an application for recalling NBW issued against him within a period of fifteen days from today and on such surrender and filing of an application, the trial Court is directed to recall the NBW issued against the petitioner/accused on the same day and further the petitioner/accused is directed to appear before the Court concerned on all hearing dates.

The Criminal Revision Case is accordingly disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 15.07.2015 pln