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Judgment
Shivashankar Amarannavar, J
Heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor for the respondent-State.
This petition is filed seeking quashing of the order dated 07.07.2021 wherein NBW came to be issued against the petitioners in CC No.1269/2018 by the learned JMFC, Saundatti.
The petitioners are accused in CC No.1269/2018 pending on the file of the learned JMFC, Saundatti, facing trial for the offences punishable under Sections 143, 147, 148, 324, 504 and 506 read with Section 149 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for short).
The petitioners filed application under Section 239 of Cr.P.C. on 08.01.2020 seeking their discharge. The case came to be posted for objection to the said application. Thereafter, due to COVID-19, the case came to be adjourned. On 12.08.2021, the accused remained absent and therefore NBW came to be issued against the petitioners/accused. The petitioners, who are the accused, were represented by the counsel, filed an application under Section 70(2) of Cr.P.C. seeking recall of the warrant on 04.09.2021. As the petitioners were not kept present, the said application was not considered and the case is adjourned to 13.09.2021 for filing objections to the said application.
Counsel for the petitioners/accused had filed an application under Section 205 of Cr.P.C. seeking dispensation from appearance of petitioners/accused till disposal of their application filed seeking their discharge. The said application is pending consideration.
Learned counsel for the petitioners/accused submits that he will keep all the accused persons present on the next date i.e. 13.09.2021 and seeks direction to the learned JMFC, Saundatti, to dispose of the application filed under Section 70(2) of Cr.P.C. and the application filed under Section 205 of Cr.P.C.
Under the circumstances, the petition is allowed as under:
The petitioners are ordered to be kept present before the learned JMFC, Saundatti, in CC No.1269/2018 on 13.09.2021. The learned JMC, Saundati, is directed to consider the applications filed by the petitioners under Sections 70(2) and 205 of Cr.P.C.