Samala Satish vs State Of Telengana

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to set aside the order

dt.17.03.2021 in Crl.M.P.No.336 of 2021 in Cr.No.40 of 2016 in C.C.No.638 of 2016, on the file of learned Additional Junior Civil Judge-Cum-XIX

Additional Metropolitan Magistrate, Cyberabad, Malkajgiri. The petitioner herein is Accused No.1 in the said crime. The offences alleged against him

are under Sections 420 and 506 read with 34 of IPC.

Heard Sri G. Ravichandran, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.

The petitioner herein being Accused No.1 filed a petition under Section 70 (2) of Cr.P.C on 17.03.2021 seeking to recall the Non-bailable warrants

issued against him on 27.09.2017 in C.C.No.638 of 2016 on the ground that he has not received summons in the said CC. The Court below vide

impugned order dt.17.03.2021, dismissed the said application and therefore, the petitioner filed the present petition.

On 27.09.2017, the learned Additional Junior Civil Judge-Cum-XX Metropolitan Magistrate, Cyberabad, Malkajgiri has passed the following order in

C.C.No.638 of 2016 in Cr.No.40 of 2016:

S/s unserved as not staying in the address. Report filed. Issue NBW to A-1

Even according to the Court below, the summons are un-served on the ground that the petitioner is not staying in the said address. Referring some

report, the learned Magistrate has issued Non-bailable warrants against the petitioner/A-1 and also to Accused Nos.2 and 3.

Learned Magistrate did not refer the details of the report and that whether the summons were served on A-1 or not. The petitioner herein in his

application filed under Section 70(2) of Cr.P.C. specifically contended that he has not received summons. The Court below without considering the

same, without giving any reasons and without even referring to the grounds mentioned by the petitioner herein, dismissed the said application with the

following order:

A-1 is absent. Heard. Not convinced with the reason mentioned. No Medical Certificate is filed. Hence, petition is dismissed.

A perusal of the said order would reveal that it is not a reasoned order. The learned Magistrate without even referring to the contention of the

petitioner that the summons were not received by him, simply dismissed the said application by stating that the petitioner herein is absent, not

convinced with the reason mentioned and no medical certificate is filed. It is relevant to mention here that the petitioner herein did not seek recall of

the warrants on the medical grounds. But his contention is that he has not received summons. Vide order dt.27.09.2017, it is mentioned by the very

same Magistrate that ""S/s unserved as not staying in the address. Report filed. Issue NBW to A1

Therefore, according to this Court, the impugned order is not based on any reasons, and non-consideration of the contentions of the petitioner herein

and record The Hon'ble Apex Court and this Court time and again categorically held that any order without reason is an order without application of

mind. The impugned order is an order without reasons. It is not a well founded order. It is also relevant to mention that the petitioenr herein has filed

petition under Section 70(2) of Cr.P.C in a printed format by filling the blanks. Thus, the petitioner herein is careless and negligent in prosecuting his

case.

In view of the above said discussion, this Court is inclined to quash the impugned order dt.17.03.2021 in Crl.M.P.No.336 of 2021 in Cr.No.40 of

2016 in C.C.No.638 of 2016. Accordingly, the order of issuing Non-bailable warrants to the petitioner herein vide order dt.27.09.2017 in C.C.No.638

of 2016 are recalled. The petitioner herein shall appear before the said Court on the next date of hearing in C.C.No.638 of 2016 without contending

that he is not having knowledge of the date of hearing in the said CC, failing with, learned Magistrate shall take steps in accordance with law.

Miscellaneous Petitions, pending if any, shall stand closed.