B.Ramanaiah v. State of A.P & Anr.
Case at a glance
- Decided
- 03 Nov 2009
- Bench
- K C BHANU
Provisions considered
- Code of Criminal Procedure, 1973 s. 126(2)
Key paragraphs
- Para 44. Accordingly, the Criminal Revision Case is dismissed. --------------------- K.C.BHANU, J DATED: 03-11-2009 Hsd
Judgment
State of A.P. rep by Public Prosecutor, High Court, Hyderabad and another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE NO.521 OF 2002. ORDER: This revision is directed against the order, dated 14-02-2002, in Crl.M.P.No.1162 of 2001 in M.C.No.2 of 2001, on the file of the Judicial Magistrate of I Class, Kamalapuram, whereunder and whereby the petition filed under Section 126 (2) Cr.P.C. to set aside the ex parte order, passed on 12-04-2001 in the above maintenance case, was dismissed.
Learned counsel appearing for the petitioner contended that the petitioner was suffering from jaundice on that day and therefore, he could not contact his advocate, that no summons have been served on the petitioner and therefore, he prays to give an opportunity to the petitioner to contest the case.
A finding was recorded by the trial Court that when the notices were sent to the petitioner, they were refused by him and therefore, it is deemed service. Hence, the trial Court dismissed the petition. The said order does not suffer from any infirmities so as to call for interference by this Court.
Accordingly, the Criminal Revision Case is dismissed. --------------------- K.C.BHANU, J DATED: 03-11-2009 Hsd
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 126(2).
Which court decided this case, and when?
Andhra Pradesh High Court, on 03 Nov 2009. The bench was K C BHANU.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.