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High Court for State of TelanganaCRLRC/1549/2016disposed of no costs

Nasir Ali v. The State Of Telangana

2016-06-21Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1549 of 2016 ORDER:

1.

This Criminal Revision Case is filed by the petitioner-A3 aggrieved by the order dated 9.6.2016 passed in Crl.M.P.No.1536 of 2016 in C.C.No.841 of 2006 by the II Additional Chief Metropolitan Magistrate, Nampally at Hyderabad.

2. The petitioner-A3 along with two other accused was charge sheeted for the offence punishable under Sections 506 and 324 r/w 34 IPC. As he failed to appear before the Court below on the date of hearing of the above C.C., NBWs were issued against him. Hence, the petitioner filed the above Crl.M.P. seeking to recall NBWs issued against him.

The Court below dismissed the above Crl.M.P.

Aggrieved by the same, the petitioner filed this revision.

3. Heard and perused the material available on record.

4. Learned Counsel for the petitioner submitted that the petitioner is residing with his parents due to family disputes and that the summons were not served on him and therefore, he could not appear before the Court below and that his absence is not willful.

5. Learned Additional Public Prosecutor opposed this revision.

6. Considering the facts and circumstances of the case and the submissions made by the learned Counsel for the petitioner, this Court is inclined to pass the following Order:

"The petitioner is directed to surrender and move a fresh application before the Court below seeking to recall NBWs issued against him. On such application being filed, the Court below is directed to recall NBWs issued against the petitioner and release him on

condition of his executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety for the like sum to the satisfaction of the Court below. The petitioner is directed to appear before the Court below in the above C.C. on all hearing dates."

7. Accordingly, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO Dated: 21.6.2016 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1549 of 2016 21.6.2016 Nn