Thaherunnisa Begum v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE NO.318 of 2015 ORDER :

T h i s Criminal Revision Case is preferred by the petitioners/A1 to A5, challenging the docket order dated 12.12.2014 passed in Crl.M.P.No.3935 of 2014 in C.C.No.868 of 2010 on the file of Chief Metropolitan Magistrate, Vijayawada, wherein and where under the learned Magistrate issued nonbailable warrants against A1, A2, A4 and A5 due to their nonappearance. A perusal of the material on record would show that charge sheet came to be filed against these petitioners and A1 for the offence punishable under Section 420 I.P.C. Thereafter, the petitioners herein along with A1 filed Crl.P.No.450 of 2012 seeking quashing of the proceedings.

By an order dated 17.09.2014, this Court disposed of the petition directing the Court below to expedite the trial and dispose of C.C.No.868 of 2010 within one year from the date of receipt of copy of the order and the petitioners were directed to avail all legal remedies including filing of discharge petition and that trial Court was directed to consider the same and decide it on merits without being influenced by the disposal of the said application. Since the petitioners could not appear before the Court, after disposal of the quash petition, non-bailable warrant came to

be issued on 03.12.2014. Earlier A1 filed Crl.P.No.16474 of 2014 questioning the said order. By an order dated 31.12.2014 this Court recalled non-bailable warrant issued against the petitioners on a condition that the petitioners shall appear before the trial Court on future dates of adjournments. The present application is filed questioning the issuance of non-bailable warrants against the petitioners. Since the petitioners also stand on the same footing as of A1, the order under challenge is recalled and the petitioners shall appear before the Court and on such appearance, their warrants shall be recalled on such terms and conditions as the said Court deems fit and proper. It is also made clear that the petitioners shall appear on every date of adjournment.

With the above direction, the Criminal Revision Case is disposed of.

Miscellaneous petitions pending if any, shall stand closed. _______________________ JUSTICE C. PRAVEEN KUMAR 09.03.2015 pab