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High Court for State of TelanganaCRLP/6380/2016disposed of no costs

V.Venugopal v. The State Of A.P.,Rep.,Pp

2016-04-26Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6380 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioner seeking to quash and recall the warrants issued against the petitioner on 23-092015 in S.T.C.No.59 of 2015 on the file of the Special Magistrate Court, Palamaner, Chittoor District by setting aside the order dated 23-09-2015.

Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor and perused the material available on record.

After arguing for some time, the learned counsel for petitioner confined his argument only in connection with pendency of N.B.W. against petitioner herein and submitted that petitioner/accused is ready to surrender before the Court concerned and file a petition to recall the N.B.W. pending against him and prayed a direction to the trial Court to recall the warrant. The learned counsel for the petitioner/accused further submitted that the petitioner/accused is ready to appear before the trial Court on each and every hearing.

Considering the facts and circumstances of the case and also in view of the submissions made by the learned counsel

for the petitioner, this Court is of the view that an opportunity can be given to the petitioner/accused to appear before the Court concerned to face the trial.

Accordingly, the petitioner/accused is directed to surrender before the Magistrate concerned and file an application to recall the NBW pending against him. On such surrender and filing of the application, the trial Court is directed to recall the warrant, pending against the petitioner/accused, on the same day on his executing a personal bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with one surety for a like sum to the satisfaction of the said Magistrate. With the above observation, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed.

_________________ RAJA ELANGO, J.

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