Andhra Pradesh High Court - Amravati
Chinnappa Srinivas Reddy vs The State Of Andhra Pradesh, on 29 October, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5851 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed to quash the Non-Bailable Warrant (N.B.W.) dated 18-04-2019 issued against the petitioner in C.C.No.5 of 2019 on the file of learned Principal District & Sessions Judge (Special Court for APPDFE Act Cases), Prakasam District at Ongole.
2. Heard learned counsel for the petitioner and the learned Special Public Prosecutor for C.I.D. appearing for 1st respondent. Since the petitioner is only seeking to quash the N.B.W. that was issued against him, no notice is required to be issued to the 2nd respondent.
3. The petitioner is accused in C.C.No.5 of 2019 on the file of learned Principal District & Sessions Judge (Special Court for APPDFE Act Cases), Prakasam District at Ongole . It appears that N.B.W. was issued against the petitioner to secure his presence to face trial in the said case. However, on a petition filed by the petitioner for transfer of the said case to another Court for trial, this Court by a common order dated 18-08-2021 passed in Transfer Criminal Petition Nos.30 of 2020 and batch, ordered for transfer of the said case from the Court of Principal District & Sessions Judge (Special Court for APPDFE Act Cases), Prakasam District at Ongole to the Court of Special Court-cum-Principal District & Sessions Judge, West Godavari at Eluru.
4. It is contended by the learned counsel for the petitioner that even though the said case was ordered to be transferred by this 2 court as per the aforesaid order, till now the said case is not transferred and the file is still lying with the Principal District & Sessions Judge, Prakasam District at Ongole and as such, the petitioner could not approach the learned Principal District & Sessions Judge, West Godavari at Eluru, to which Court the said case is transferred, to surrender and seek cancellation of the said N.B.W. issued against him.
5. Answering to the query raised by this Court, learned Special Public Prosecutor for C.I.D. on instructions would submit that even though the case was ordered to be transferred to the Court at Eluru, that the file is still lying with the Principal District & Sessions Judge, Prakasam District at Ongole.
6. Therefore, in the said facts and circumstances of the case, this Criminal Petition is disposed of with a direction to the petitioner to surrender before the Principal District & Sessions Judge, Ongole within two (02) weeks i.e. on or before 12-11-2021 and file an application to recall and cancel the said N.B.W. issued against the petitioner. In case, any such application is filed, learned Principal District & Sessions Judge, Ongole, shall consider the said application and dispose of the said application on merits according to law after hearing both the parties on the date of filing the said application. Till the petitioner surrenders before the trial Court and files application for cancellation of the N.B.W., the impugned N.B.W. issued against the petitioner stands suspended.
In case, in the meanwhile, if the case file is transferred to the Court of the Principal District & Sessions Judge, Eluru, the petitioner is at liberty to file an application to recall and cancel the said N.B.W. in the Court of learned Principal District & Sessions 3 Judge, Eluru, within the time stipulated above. In case, any such application is filed, learned Principal District & Sessions Judge, Eluru shall consider the same and dispose of the said application according to law on the same day on which the application is filed, after hearing both the parties.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 29-10-2021 ARR 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5851 of 2021 Date: 29-10-2021 ARR