Pasupuleti Gopala Swamy v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2368 OF 2015 ORDER:

This Criminal Revision Case is filed by the accused challenging the order of the Judicial Magistrate of First Class, Tiruvuru dated 28.09.2015 whereby the learned Judge while taking cognizance of the offence in C.C.No.713 of 2015 for the offences under Sections 406 & 420 IPC instead of issuing summons, issued warrant against the petitioner herein. Heard and perused the material on record.

This Court is of the view that though issuance of warrant is not erroneous in law, but at the same time, initially, an opportunity should be given to the accused by way of issuing summons. In any event, in the present case, since the warrants were already issued, the petitioner is directed to present before the trial Court within ten days from today and file an application to recall the warrants and on filing such an application, the trial Court shall recall the warrant on execution of a personal bond by the petitioner for a sum of Rs.5,000/-. The petitioner is further directed to appear before the trial Court as and when required. The Criminal Revision Case is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 26.10.2015 Tsr