VAMSHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case under Sections 397 and 401 of Cr.P.C. is filed by the petitioner/A.3 seeking to set aside the docket order dt.26.07.2019 in Crl.M.P.No.957 of 2019 in C.C.No.433 of 2018 (Huzurabad Police Station) passed by the learned I Additional Judicial Magistrate of First Class, Huzurabad, Karimnagar District, whereby the petition filed by the petitioner seeking to recall the Non-bailable Warrant issued against him was dismissed for default.

(2.) Heard Sri Gajanand Chakravarthy, learned counsel for the petitioner/A.3 and the learned Additional Public Prosecutor appearing for the respondent State. Perused the material on record.

(3.) Learned counsel for the petitioner submits that the impugned docket order passed by the Court below is contrary to law, probabilities of the case and it amounts to grave miscarriage of justice. It is further contended that the Court below erred in dismissing Crl.MP.No.957 of 2019 filed by the petitioner to recall the NBW issued against him without proper appreciation of the facts of the case. Learned counsel also contends that the Court below ought to have seen that there was no willful or deliberate negligence on the part of the petitioner in not attending the Court on 20.05.2019 and it only occurred due to his ill-health. It is also contended that even if the petition to recall the NBW is allowed, no prejudice will be caused to the prosecution.