Dunde Narsaiah vs Dunde Sunitha
2023 Latest Caselaw 2287 Tel

        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

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