Crl.Petition No.1889 of 2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1889 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner- Accused No.1 to quash the non-bailable warrant dated 09.12.2015 issued by XVII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad in C.C.No.1048 of 2015 which is continuing in C.C.No.674 of 2017, after splitting the C.C.No.1048 of 2015.
2. Heard learned counsel for the petitioner-Accused and learned Public Prosecutor for the Respondent-State.
3. The petitioner along with three others was being prosecuted for the offences under Sections 323, 354, 420 and 506 of Indian Penal Code. Since the petitioner was absconding, The Trial Court has split up the C.C.No.1048 of 2015 against this petitioner and numbered as C.C.No.674 of 2017. After concluding trial, the XVII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, has acquitted the remaining accused Nos.2 to 4. In the finding of the judgment, the learned Magistrate found that PW1 stated that this petitioner - accused No.1 stayed with the complainant for ten days Crl.Petition No.1889 of 2023 2 and after that he left to Saudi leaving her with his parents for one week. In the said circumstances, the Trial Court has acquitted accused Nos.2 to 4 on the ground that the allegation of harassment cannot be presumed.
4. Learned counsel for the petitioner submits that the case is posted on 14.02.2023 in the Trial Court.
5. In the facts and circumstances of the case, this Court deems it appropriate to direct the petitioner to appear before the court below on 14.02.2023 and to move the concerned Court by filing an application under Section 70(2) of Cr.P.C. seeking recall of warrants pending against him. In the event of the petitioner filing such application, the concerned Court shall recall the warrants on certain conditions to be imposed and depositing the passport of the petitioner shall be one of the conditions to be imposed by the Trial Court.
6. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed.
_____________ K.SURENDER, J Date: 23.02.2023 rev