Annem Naga Prathap Reddy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.393 of 2016 ORDER:

This revision is preferred challenging the order dated 19.01.2016 passed in M.C. No.198 of 2015 on the file of Sub-Divisional Magistrate and Revenue Divisional Officer, Nandyal - 2nd respondent.

The petitioners are accused in Crime No.157 of 2015 on the file of the Allagadda Town Police Station, Kurnool District, for the offences under Sections 120-B, 147, 148, 324, 307, 302 and 201 r/w.149 IPC. They obtained bail in the said crime. The allegation against the petitioners is that after release on bail, they formed into an unlawful assembly near the house of Injeti Nagi Reddy and discussing to threat the witnesses in the above mentioned crime to escape from the criminal case. Basing on the complaint by the police constable, the police, Allagadda Town Police Station, registered a case in Crime No.198 of 2015 and reported the same to the 2nd respondent. Therefore, the 2nd respondent issued notice under Section 107 Cr.P.C. to the petitioners directing them to appear on 30.01.2016 at 11.00 a.m. at Sub-Collector's Office, Nandyal.

Heard and perused the material available on record. A reading of the order passed by the 2nd respondent discloses that it is an order directing the petitioners to present before the officer concerned. The order does not disclose any direction to the petitioners to execute any bond under Section 107 Cr.P.C. Hence, this Court is of the view that the petitioners can appear before the officer concerned or represent through their

advocate. The officer concerned is directed to conduct enquiry regarding the information received by him and thereafter, pass appropriate orders in accordance with law.

Accordingly, the Criminal Revision Case is disposed of. Consequently, the Miscellaneous Petitions pending, if any, in this revision shall stand closed.

______________ RAJA ELANGO, J February 04, 2016 KTL