HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8816 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner - accused to quash the docket order dated 18.08.2023 in DVC No.21 of 2021 on the file of II Additional Judicial Magistrate of First Class at Mancherial, wherein the trial Court has issued non-bailable warrant against the petitioner.
2. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.3
- State. Perused the record.
3. It is the contention of learned counsel for the petitioner that as per the judgments of Hon'ble Apex Court, DVC proceedings are civil in nature and non-bailable warrant cannot be issued against the petitioner by the trial Court. Learned counsel also contended that the petitioner has filed Crl.M.P.No.225 of 2023 in DVC No.21 of 2021 under Section 70(2) of Cr.P.C. on 22.08.2023 for recalling of the non-bailable warrant pending against him, but, the trial Court is not disposing of the said petition, as such, the petitioner is apprehending arrest in the hands of the police. Therefore, he GAC,J Crl.P.No.8816_2023 2 prayed to quash the docket order dated 18.08.2023 in DVC No.21 of 2021 on the file of II Additional Judicial Magistrate of First Class at Mancherial.
4. Without going into the merits of the case, this Court deems it appropriate to direct the trial Court to dispose of Crl.M.P.No.225 of 2023 in DVC No.21 of 2021, filed under Section 70(2) of Cr.P.C. by the petitioner, on 22.08.2023, in accordance with law, forthwith.
5. With the above direction, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY Date: 12.09.2023 ns Note:
C.C. by 13.09.2023 b/o.
ns