M. Bhumaiah v. The State Of Ap,

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO Criminal Petition No. 6829 of 2016 ORDER :

Heard learned counsel for the petitioner who is A.3 of C.C.No.597 of 2015 on the file of the I Addl.Chief Metropolitan Magistrate, Vijayawada, and also the learned Public Prosecutor representing Respondents 1 and 2. The respondent Nos.3 and 4 are unnecessary parties being the A.1 and A.2 and also the learned Public Prosecutor and perused the grounds urged in the quash petition. It is the dismissal order of the N.B.W. recall application filed by him(A.3) in Crl.M.P.No.528 of 2016, dt.11.04.2016 is impugned herein. The petitioner is directed to appear before the learned Magistrate and file further application for recall, for the learned Magistrate to consider by recalling the warrant on obtaining bond with or without sureties as contemplated by Section 88CrPC for the petitioner's(A.3) future due appearance.

Having regard to the above, the Criminal Petition is allowed in part to that extent. Consequently, the pending miscellaneous petitions, shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:30.08.2017 vvr