Syed Khaleel v. The State Of Andhra Pradesh

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.16361 OF 2016 ORDER:

This petition is filed under Section 482 of Cr.P.C. seeking limited relief to direct the V Additional Chief Metropolitan Magistrate, Vijayawada to receive the petition filed under Section 70

(2) of Cr.P.C. to recall N.B.W. issued against the petitioner-accused on 6-9-2016 in C.C.No.545 of 2016.

Petitioner herein is accused.

It is alleged that the petitioner filed petition under Section 70(2) Cr.P.C. without prior notice to the complainant to recall warrant dated 6-9-2016 and the trial court returned the said application directing to serve notice on the complainant, but the notice could not be served on the complainant within the time fixed by the trial court. It is submitted by the learned counsel for the petitioner that now the notice was served on the complainant. But this court cannot issue such direction on that ground. However, leave is granted to the petitioner-accused to file fresh application under Section 70 (2) of Cr.P.C. before the trial court and on filing such application before the trial court, after service of notice on the complainant, the trial court is directed to decide the application on the same day itself in accordance with law. With the above observation, this Criminal petition is disposed of.

As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed. ________________________________ JUSTICE M.SATYANARAYANA MURTHY Dated 28-11-2016.

Dvs.

HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.16361 OF 2016 Dated 28-11-2016.

Dvs