CHITYALA VENKATA REDDY Vs. STATE OF AP

JUDGEMENT

(1.) THIS criminal petition quash the order dated 18. 2. 2008 passed by under Section 482 Cr. P. C. is filed by the the learned Judicial Magistrate of First Class, petitioner - de facto complainant seeking to Narsampet, Warangal District in Criminal m. P. No. 755 of 2007 in C. C. No. 96 of 2004 and consequently direct respondent Nos. 3 and 4 - accused Nos. 2 and 3 to appear before the trial Court on the next date of hearing.

(2.) THE main grievance of the de facto complainant is that accused Nos. 2 and 3 are not appearing before the trial Court.

(3.) TRIAL Court issued summons to accused Nos. 2 and 3, but they did not attend. Then issued non-bailable warrants, which were also not executed. On that, petitioner filed Criminal M. P. No. 672 of 2007 for appointment of Advocate Commissioner for execution of NBWs. At that stage, accused nos. 2 and 3 filed Criminal M. P. No. 755 of 2007 without appearing in person and sought to recall of NBWs and requested to dispense with their personal attendance on health grounds.