D.S.Kishore Kumar v. The State of A.P

HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.R.C.No.809 of 2011 JUDGMENT: This criminal revision case is directed against the order dated 04.03.2011 in Crl.M.P.No.12 of 2011 in C.C.No.4 of 2007, on the file of the III-Additional Judicial Magistrate of the First Class, Chittoor, wherein the said application filed by the petitioner herein under Section 70(2) Cr.P.C., for re-call of NBW, was dismissed.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor respondent/State. Perused the record.

The petitioner herein is facing prosecution for the offence under Section 19 read with Section 7(b) of the Seeds Act, 1966. The offence is bailable and is punishable with fine. It appears that as the petitioner did not appear before the Court in response to the summons, NBW was issued against him. He filed Crl.M.P.No.12 of 2011 for re-call of NBW under Section 70(2) Cr.P.C. On that day, the petitioner was absent and hence the petition was dismissed.

Learned counsel for the petitioner would submit that the petitioner could not appear before the Court because of illness and his absence was not wanton or intentional.

Be that as it may, having regard to the nature of the offence, it is considered that the petitioner be directed to appear before the trial Court within two weeks from today and seek appropriate orders for his regular appearance before the Court. The NBW issued against him is ordered to be re-called.

The criminal revision case is disposed of accordingly. ______________________ G.V.SEETHAPATHY, J 25th July, 2011 Lrkm.