P. Dada Khalandar v. P. Fairoza Begum

THE HONOURABLE SRI JUSTICE M.S.K.JAISWAL Criminal Petition No.13199 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. by the petitioner seeking to quash the proceedings in Crl.M.P.No.125 of 2014 in FCOP.No.92 of 2011 on the file of the Court of the Judge, Family Court, Ananthapur.

Heard the learned counsel for the petitioner/respondent and the learned Additional Public Prosecutor and perused the material available on record.

The main grievance of the petitioner is that the trial Court issued nonbailable warrant even without service of notice on him even though he has been in employment in BSF and presently working in Rajasthan State. Having regard to the facts and circumstances of the case, the Criminal Petition is disposed of directing the petitioner/respondent to appear before the court concerned and file an application to recall the NBW pending against him. On such appearance and filing of the application, the Court concerned is directed to recall the warrant, pending against the petitioner/respondent, on the terms as it deems fit. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed.

_______________________ JUSTICE M.S.K.JAISWAL 16-09-2016 skmr