K Kusuma vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY Criminal Petition No.1656 of 2023

ORDER:-

This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioner/A1 to quash the docket order dated 31.08.2018 in C.C.No.99 of 2016 on the file of the learned Additional Junior Civil Judge, Narsipatnam, Visakhapatnam District against the petitioner herein, registered for the offences punishable under Sections 143, 147, 341, 283, 506 read with 149 IPC.

2. When the petitioner could not attend the Court, the learned Magistrate issued NBW against her. It is stated that the petitioner herein could not attend the Court on the ground that in a quash petition filed by her in Crl.P.No.12287 of 2013, this Court granted interim stay and she was under impression that the said stay was in force and she was not aware of the fact that NBW was issued against her on 13.01.2018.

3. Learned counsel for the petitioner submits that the petitioner herein is suffering from ill-health and that she underwent surgery in the month of October, 2022 and she is

taking medical treatment continuously and prays to consider recalling of the NBW considering the health condition of the petitioner.

4. In view of the said submission, this Court deems it appropriate to dispose of the Criminal Petition, with a direction to the petitioner to file an application before the trial Court within a period of two (2) weeks from the date of receipt of copy of this order for recall of NBW and the trial Judge shall consider the said application filed by the petitioner and recall the warrants issued against the petitioner herein by passing appropriate orders in accordance with law.

5. With the above direction, the Criminal Petition is disposed of.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

JUSTICE K. SREENIVASA REDDY

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Date:03.03.2023 ARB