NIRUJOGI APPALA NAIDU Vs. NIRUJOGI ROJA

JUDGEMENT

(1.) This Criminal Revision Case is filed against the orderof the Judicial First Class Magistrate, Kothavalsa, Vizlanagaram District, dated 29-12-2005, in Crl.M.P.No.1260 of 2005 in C.C.No.52 of 2005.

(2.) Summons were issued to all the accused in C.C.No.52 of 2005, and except A-4, all others were served and present. The summons of A-4 returned un-served by the Advocate Commissioner stating that A-4 is not available in the address. A-4 is the daughter of A-5 and A-6 and it is represented that she has purposefully evaded to receive the summons. It is obvious that A-4 is purposefully evading to receive the summons, therefore, the learned Magistrate felt that it is a fit case to proceed against A-4 under Section 82 of the Code of Criminal Procedure (for short 'Cr.P.C.'). The complainant filed Crl.M.P.No.1260 of 2005 to take further steps against A-4 under Section 82 Cr.P.C. and it is allowed. Ultimately, the trial Court directed issue of proclamation against A-4 under Section 82 Cr.P.C. to appear before the Court on or before 31 -1 -2006 and publish the said proclamation in Eenadu Daily, Vizianagaram local edition, on payment of process fee.

(3.) Being aggrieved by the said order under Section 82 Cr.P.C., the petitioners approached this Court contending that unless the warrant is issued, the proclamation under Section 82 Cr.P.C. cannot be issued, therefore, the order of the trial Court is illegal and it is liable to be set aside.