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High Court for State of TelanganaCRLP/8468/2016disposed of no costs

Karamala Balaraju, v. The State Of Andhra Pradesh,

2016-06-20M.S.K.Jaiswal2 pages

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.8468 of 2016

ORDER

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to call the records in P.R.C.No.3 of 2015 on the file of the Judicial Magistrate of First Class, Mydukur, YSR Kadapa District and recall the Non Bailable Warrant issued against the petitioners/A1, A3, A5, A7 & A10.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor representing the State.

3. In view of the allegations in the charge sheet, this is not a fit case where the proceedings against the petitioners can be quashed.

4. A perusal of the record shows that the summons were served on the petitioners, who are A1, A3, A5, A7 & A10. As they failed to appear before the trial Court on 17.11.2015, N.B.Ws were issued against them. Since the petitioners expressed their willingness to appear before the trial Court regularly, the N.B.Ws issued against them can be recalled.

5. Hence, the Criminal Petition is disposed of, with the following direction:

The petitioners/A1, A3, A5, A7 & A10 are directed to appear before the trial Court within 10 days from today and file an application under Section 70(2) Cr.P.C., for recalling of NBWs pending against them. On filing such an application, the trial Court shall consider the same on merits and dispose of the same in accordance with law on the same day. The petitioners herein are

further directed to appear before the trial Court on each and every date of adjournment.

6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

________________ M.S.K.JAISWAL,J Date:20.06.2016 pab