S RAMESH BABU Vs. STATE OF A P

JUDGEMENT

(1.) The learned Magistrate having taken the complaint on file straightaway directed non- bailable warrants to be issued against the petitioners herein (A-1 and A-3). In my considered opinion, the learned Magistrate ought not to have directed issuance of non- bailable warrants straightaway. It is not as if the petitioners are not present on series of occasions and failed to respond to the summons, if any, issued by the learned Magistrate. In such view of the matter, the learned Magistrate ought not to have directed non-bailable warrants to be issued against the petitioners.

(2.) Having regard to the facts and circumstances of the case, the non-bailable warrants directed to be issued against the petitioners herein shall be recalled by the learned Magistrate subject to the condition of petitioners appearing before the learned Magistrate on its next date of hearing. The application, if any, to be filed by the petitioners under Section 437 of Cr.P.C. shall be considered by the learned Magistrate on its own merits and shall not reject the same on the ground that the offence is exclusively triable by the learned Special Judge for offence under the SC/ST (Prevention of Atrocities) Act. An order shall be passed on merits.

(3.) The petition is accordingly disposed of.