LAWS(APH)-2010-4-123

Y MADHUSUDHAN REDDY Vs. STATE OF AP

Decided On April 09, 2010
Y.MADHUSUDHAN REDDY Appellant
V/S
STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYDERABAD Respondents

JUDGEMENT

(1.) Since both the revisions are filed by common petitioner and almost common facts, they are being disposed of by this common order.

(2.) Crl.R.C.No.703 of 2010 arises out of the order passed in Crl.M.P.No.406 of 2010 in C.C.No.81 of 2008 dated 09.03.2010 and Crl.R.C.No.704 of 2010 arises out of the order passed in Crl.M.P.No.405 of 2010 in C.C.No.335 of 2007 dated 09.03.2010 on the file of the First Class Magistrate, Uravakonda.

(3.) Learned counsel for the petitioner submitted that the petitioner was taking treatment for acute severe low back pain from doctor G. Manjunath Reddy, Prime Hospitals, Hyderabad, from 15.01.2010 to 15.03.2010. The said doctor issued a medical certificate to that effect on 01.02.2010 and also advised complete bed rest to the petitioner for two months from 15.01.2010 to 15.03.2010. While so, it appears that the petitioner is an accused in three cases, i.e., C.C.No.81 of 2007, C.C.No.335 of 2007 and S.T.C.No.66 of 2009. Those cases were posted for trial on 18.02.2010. In C.C.No.81 of 2007 and S.T.C.66 of 2009, it appears that the petitioner has filed petitions under Section 317 Cr.P.C. to dispense with his personal appearance before the Court. Since L.Ws.1 to 3 were present and L.W.1 is the sitting M.L.A. and the case was posted for trial, the learned Judicial First Class Magistrate, Uravakonda, dismissed the applications filed by the petitioner and issued N.B.W. against him in C.C.No.81 of 2007. As far as C.C.No.335 of 2007 is concerned, there was no representation on behalf of the petitioner. Therefore, NBW was issued against the petitioner. Then petitioner filed Crl.M.P.No.406 of 2010 in C.C.No.81 of 2007 and Crl.M.P.No.405 of 2010 in C.C.No.335 of 2007 praying to recall NBWs issued against him on 18.02.2010. The learned Judicial First Class Magistrate, Uravakonda, under impugned orders dated 09.03.2010 dismissed those two applications. Aggrieved by the same, these two revisions have been filed.