IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION NO : 141 of 2010 Between: Dr.T.Narsinga Rao, S/o. T.Narayana, District Hospital Nalgonda, Nalgonda District. ..... PETITIONER AND State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad .....RESPONDENT Petition under Section ____ of Crl.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased toto call for the records in STC No. 1/2010 on the file of the First Class Judicial Magistrate Special Mobile Court, Nalgonda The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr.SARVOTHAM REDDY, Advocate for the Petitioner and of the Public Prosecutor, on behalf of the Respondent. The Court made the following: ORDER PSR, J. Crl.P.No. 141 of 2010 O r d e r: This criminal petition under section 482 Cr.P.C., is fled by the petitioner-accused seeking to quash the proceedings in S.T.C.No.1 of 2010 on the file of the learned Judicial Magistrate of First Class-Special Mobile Court, Nalgonda, for the offence punishable under section 186 and 228 IPC. 2. Heard. 3. In the affidavit filed in support of the criminal petition, it is stated that the learned Magistrate, who went to record the dying declaration, has asked the patient to be shifted to ground floor from first floor to enable him to record the dying declaration, which prima facie appears to be incorrect, as it is difficult to believe that a Magistrate who went to the hospital for recording dying declaration has asked the patient suffering from 95% burn injuries to be shifted from the lace of treatment. In all probability false affidavit is filed. 4. As the present case arise out of the complaint, which was suo motu initiated by the learned Magistrate and in view of the allegations made against the petitioner, it is not a fit case for quashing the proceedings. 5. However, considering the circumstances, it is directed that the petitioner shall appear before the learned Judicial Magistrate of First Class-Special Mobile Court, Nalgonda on 15—02—2010 and file an appropriate application for recalling the non-bailable warrant issued against him, upon which, the learned Magistrate shall recall the non-bailable warrant by taking appropriate bonds from the petitioner for his future appearance. Further, till 15-02-2010, the non- bailable warrant shall not be executed against the petitioner. 6. Further, as the learned Judicial Magistrate of First Class- Special Mobile Court, Nalgonda has suo motu taken cognizance of the case – S.T.C.No. 1 of 2010, it is directed that the said case – S.T.C.No. 1 of 2010 shall stand transferred to the court of the I Additional Judicial Magistrate of First Class, Nalgonda, after 15-02- 2010 i.e., only after appearance of the petitioner before the learned Judicial Magistrate of First Class-Special Mobile Court, Nalgonda 7. With the directions, as above, the petition is disposed of. _______________________ P. SWAROOP REDDY, J. February 09, 2010. *SUR/BVS. Note: Issue CC by tomorrow. (BO) SUR.