High Court for State of TelanganaCRLRC/3272/2018disposed of no costs

Paladugu Srinivas v. The State Of Telangana

2018-11-29Gudiseva Shyam Prasad2 pages

HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Crl.R.C.No. 3272 of 2018 JUDGMENT:- This Criminal Revision Case arises out of the Docket Order dated 26.09.2016 in C.C.No. 1775 of 2016 passed by IV Additional Chief Metropolitan Magistrate, Hyderabad: The impugned docket order reads as under:

" Taken on file against A1 to A4 for an offence under Sections 354 and 506 read with 34 IPC. Issue summons to A1 and A2. Issue NBWs against A3, A4 as they failed to comply the direction of the Hon'ble High Court. Call on 11.01.2017."

This Court passed an order dated 23.12.2015 in a petition filed under Section 438 Cr.P.C. i.e. Crl.P.No. 13455 of 2015 directing A1 to A4 to surrender before the Magistrate concerned on or before 13.01.2016, and on such surrender, they were ordered to be released on bail on their executing personal bond for a sum of Rs.5,000/ - each with one surety for the like sum each. However, the petitioners herein, who are A3 and A4, have not complied with the order passed by this Court, therefore, the trial Court has rightly issued N.B.Ws. against them.

Heard the learned counsel for petitioners - A3 and A4 and the learned Additional Public Prosecutor for the State. The learned counsel for the petitioners submits that in pursuance of the direction given by this Court, A3 and A4 are

GSP,J CrlRC_3272_2018 ready to surrender before the trial Court, therefore, a direction may be issued to the trial Court to pass appropriate orders on their surrender.

The learned Additional Public Prosecutor submits that Docket Order passed by the trial Court does not suffer from any infirmities.

Having regard to the facts and circumstances of the case and since the Docket Order passed by the trial Court is based on the directions issued by this Court, and since the petitioners - A3 and A4 did not surrender, they are directed to surrender before the trial Court within one week, and on such surrender, the trial Court shall pass appropriate orders in accordance with law.

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

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

______________________ GUDISEVA SHYAM PRASAD,J 29.11.2018 Note: Furnish copy tomorrow b/o bcj