AKASH JAIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition, under Section 482 of Code of Criminal Procedure, 1973, is filed by the petitioner/Accused seeking to quash the order, dated 01.10.2019 passed in Crl.M.P.No.939 of 2019 in Crl.M.P.No.317 of 2019 in Crl.R.P.No.76 of 2018 on the file of the Principal Sessions Judge, Khammam, and consequently to recall the NBWs issued against him in P.R.C.No.1 of 2013 in Crime No.86 of 2013 of R.P.S, Khammam.

(2.) Heard the learned Counsel for the petitioner/Accused, the learned Additional Public Prosecutor representing the respondents and perused the entire material available on record.

(3.) The petitioner was arrayed as an accused in Crime No.86 of 2013 of R.P.S police, Khamam, for the offences punishable under Sections 354 and 509 of I.P.C; the respondent-police after completion of investigation in the aforesaid crime, filed final report, which was taken cognizance as P.R.C.No.1 of 2013 for the aforesaid offences; the committal order was passed on 19.11.2015 and for the last three years, as the case file was not sent to the Court, the attendance of the petitioner to the proceedings could not be secured. In the said circumstances, by docket order, dated 30.11.2018, the Principal Sessions Judge, Khammam, directed the Judicial Magistrate of First Class for Railways, Warangal, to submit the remarks for the delay. Pursuant to the same, the police issued notices to the petitioner and the sureties. Thereafter, the Court issued summons to the petitioner and though he received the same, he did not appear before the Court and hence the Court below issued Non-Bailable Warrant against the petitioner on 18.03.2019. Thereafter, the petitioner filed Crl.M.P.No.317 of 2019 in Crl.R.P.No.76 of 2018, seeking to recall the NBW issued against him. The Court below by docket order, dated 28.03.2019, passed the following order: