Gade Balaji v. The State Of Andhra Pradesh, Rep By Its Principal

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40597 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondent police in trying to execute the N.B.W issued in C.C.No.31 of 2006 on the file of the Junior Civil Judge, Bheemunipatnam, Visakhapatnam District even though the warrant time has elapsed as illegal and arbitrary and consequently, to direct the respondent police to return the said N.B.W.

to the Junior Civil Judge, Bheemunipatnam, Visakhapatnam District.

2.

Heard and perused the material available on record. 3.

The offences alleged against the petitioner are punishable under Sections 447, 379 and 506 read with 34 I.P.C. 4.

After arguing for some time, learned counsel for the petitioner submitted before this Court that the petitioner is ready to face the trial and he will not flee from the hands of justice and hence, the N.B.W pending against the petitioner may be recalled. 5.

Having heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home and having perused the material available on record, this Court is of the view that this Writ Petition can be disposed of with the following directions:

The petitioner is directed to approach the Court concerned and file a petition to recall the warrant issued against him and on such petition being filed, the Court concerned shall recall the warrant on the same day on his execution of a bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for a like sum and further, the petitioner shall appear before the trial Court regularly.

6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

_________________________ JUSTICE RAJA ELANGO 23.11.2016 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.40597 OF 2016 Date: 23.11.2016 AMD