Desaboina Linga Swamy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3920 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.1012 of 2014 on the file of the Judicial Magistrate of First Class, at Ramannapet, arising out of offences under Sections 324 and 506 IPC read with Section 34 IPC. Heard and perused the material available on record. This Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. The contentions raised by the learned counsel for the petitioners are to be tried by the Court below and hence, this Court is not inclined to interfere with the proceedings against the petitioners. At this stage, learned counsel for the petitioners submits that the Court below issued Non Bailable Warrants (NBWs) against the petitioners and as such, prays this Court to recall NBWs.

The petitioners are directed to appear before the Court below and file an application for recalling NBWs issued against them on or before 20.04.2016, and on filing of such application, the Court below is directed to recall the NBWs issued against the petitioners on the same day on condition of each of them executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for the like sum each to the satisfaction of the said Magistrate. Further, the petitioners are directed to appear before the Court below on all hearing dates. The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 22.03.2016 pln