Andhra Pradesh High Court - Amravati
Thota Srinivasulu vs The State Of Andhra Pradesh on 15 July, 2022
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No. 4991 OF 2022
ORDER:
Heard learned counsel for the petitioners and the learned
Standing Counsel appearing for C.I.D.
2. The present Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973 seeking to the docket order dated
03.03.2021 in C.C.No.1 of 2021 on the file of the Court of the
Principal Sessions Judge, Nellore, SPSR Nellore District to the extent
of "Issue NBW against Accused No.4".
3. By the said order, the learned Principal Sessions Judge,
Nellore, has issued non-bailable warrant against the petitioner, who
is accused No.4.
4. Learned counsel for the petitioner inter alia submits that
issuance of non-bailable warrant straight away without issuing
summons to enable the petitioner to appear before the Court is not
tenable. He submits that in fact, the petitioner was arrested in
connection with several cases and he was under judicial remand for
several months and though the respondent is very much aware of
the said position, no steps were taken by the C.I.D., to remand the
petitioner in respect of the present case. Be that as it may, learned
counsel for the petitioner while relying on the Judgment of the Apex
Court in Inder Mohan Goswami and another Vs., State of
Uttaranchal and others1 submits that the petitioner is ready to
appear before the Court of the learned Principal Sessions Judge,
(2007 12 Supreme Court Cases 1
Nellore, and cooperate with the expeditious trail. He further submits
that as the non-bailable warrant is pending against him, he is facing
threat of arrest and under these circumstances, the petitioner is
constrained to approach this Court seeking appropriate relief.
5. Learned Standing Counsel appearing for C.I.D., on the other
hand, submits that there are no merits to interfere with the orders
impugned in this Petition.
6. This Court has considered the matter, perused the material on
record, including the decision upon which reliance is placed by the
learned counsel for the petitioner. A reading of the Judgment of the
Apex Court referred to above would go to show that the Courts
should be extremely careful before issuing non-bailable warrants as
issuance of these warrants involves interference with personal
liberty. Further, in the present case, as is submitted by the learned
counsel for the petitioner, it would appear that the petitioner was
arrested in connection with several cases and the said aspect
obviously was not taken into consideration. Since it is submitted by
the learned counsel for the petitioner that the petitioner is ready to
appear before the Court of the learned Principal Sessions Judge,
Nellore, SPSR Nellore District, this Court is inclined to dispose of the
matter with a view to give an opportunity to the petitioner.
7. Accordingly, the impugned docket order, dated 03.03.2021 in
C.C.No.1 of 2021 is set aside, the petitioner shall appear before the
Court of the learned Principal Sessions Judge, Nellore, SPSR Nellore
District, on the next date of adjournment i.e., 10.08.2022 and he
shall cooperate with the trial for expeditious disposal of the matter.
8. The Criminal Petition is disposed of accordingly.
Miscellaneous applications, pending if any, shall stand closed.
________________________
NINALA JAYASURYA, J
Date: 15.07.2022.
Ks
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No. 4991 OF 2022
Date : 15.07.2022
Ks
