Uppalapati Butchiraju S/o Varahala Raju v. State of Andhra Pradesh
2020-03-13
CHEEKATI MANAVENDRANATH ROY
body2020
DigiLaw.ai
ORDER : 1. This petition is filed under Section 438 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) to enlarge the petitioner on bail in the event of his arrest. 2. The petitioner is A-1 in C.C. No. 313/2019 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam. 3. The alleged offences against him are under Section 498-A of the Indian Penal Code, 1860 and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 4. Heard learned counsel for petitioner and the learned Additional Public Prosecutor. 5. The record reveals that entire investigation in this case is completed and charge-sheet is also filed against the petitioner. Learned counsel for the petitioner would submit that the Court did not issue any summons to the petitioner and as such, he is not aware of the fact that the case is pending against him in the Court of law, since the petitioner is residing in Scotland (U.K.). Therefore, he would submit that the petitioner is apprehending unnecessary arrest in this case. 6. Learned Additional Public Prosecutor would submit that after the charge-sheet is filed, the trial Court issued N.B.W. against him and the same is now pending and the case is posted to 03.08.2020 to secure the presence of the petitioner herein in the said case to proceed further in the said case. 7. In the aforesaid facts and circumstances of the case, as it is now brought to the notice of this Court that N.B.W. was issued against the petitioner, who is A-1 to secure his presence before the trial Court, the petitioner is directed to surrender before the trial Court, within two months from today as he is in U.K. and subject himself to the process of law and to the jurisdiction of the said Court and file a petition to recall the N.B.W. issued against him and to grant bail to him before the trial Court. In the event of the petitioner filling any such petition either under Section 70 (2) Cr.P.C. or petition seeking bail, the trial Court shall dispose of the said petition expeditiously according to law. 8.
In the event of the petitioner filling any such petition either under Section 70 (2) Cr.P.C. or petition seeking bail, the trial Court shall dispose of the said petition expeditiously according to law. 8. Since this Court permitted the petitioner to surrender before the trial Court within two months from the date of this Order and seek his remedy, the issuance of look out circular in this regard shall not be implemented against the petitioner herein, till his surrender before the trial Court within the time limit stipulated supra. 9. Accordingly, the Criminal Petition is disposed of with the above direction.