MUMMIREDDYGARI PRATHAP REDDY Vs. STATE SHO

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner/A.1 under Section 482 of the Code of Criminal Procedure to quash the proceedings in Crl.M.P.No.183 of 2019 in CC.No.348 of 2017, which was filed to recall the NBW issued against the present petitioner/A.1, on the file of the Judicial Magistrate of First Class/Special Mobile Court, Nellore. The offences alleged are under Section 498-A IPC. The lower Court dismissed the application. Questioning the same, the present criminal petition has been filed.

(2.) This Court has heard Sri V.Eswaraiah Chowdary, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State.

(3.) Learned counsel for the petitioner submits that petitioner/A.1 by virtue of his employment has gone to Australia. He was not aware of the NBWs that are pending in this case. Once he came to know that the NBWs are pending, he moved an application to recall the NBWs. The said application was dismissed. Questioning the same, the present criminal petition is filed. He submits that the petitioner is willing to appear before the Court through a special vakalath-holder and that he would also attend the Court as and when required. Learned counsel further submits that the petitioner is not served any summons; that the Magistrate should have seen that this is not a case of "avoiding" the Court summons, but is a case of a person, who is in Australia on genuine employment. The certificate of the VRO, which was before the lower Court, clearly states that he is residing in Australia by virtue of employment. Therefore, he submits that the trial Court committed an error in dismissing the application, particularly, when the petitioner has shown his bonafides by moving an appropriate application. He also submitted that the lower Court committed an error in holding that the accused has not appeared before the Court to recall the NBW.