MUKTHAR SAYEED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed seeking quashing of the Order of the learned II-Additional Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.879 of 2019 in C.C.No.402 of 2015 dated 04.07.2019.

(2.) The petitioner herein is facing trial in the aforesaid C.C.No.402 of 2015 for the offences punishable under Sections 341, 323, 506 and 509 of I.P.C. On 04.07.2017, when the matter was came up for examination of the petitioner under Section 313 Cr.P.C., the petitioner could not appear before the trial Court due to ill-health and as such the Counsel for the petitioner filed a petition under Section 317 Cr.P.C. to condone his absence. While dismissing the said petition, the trial Court issued N.B.W against the petitioner. Thereafter, the petitioner filed a petition under Section 70 (2) Cr.P.C. seeking recall of the N.B.W and the same was dismissed by the trial Court on the ground that the matter was coming up for examination of the petitioner/accused under Section 313 Cr.P.C. Challenging the same, he approached this Court and filed the present Criminal Petition under Section 482 Cr.P.C. seeking quashing of the said order.

(3.) Heard both sides and perused the impugned order.