IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.113 OF 2010 Between: Challa Srikanth. - - - Petitioner. AND The State of A.P., Rep by Public Prosecutor, High Court of A.P., Hyderabad, and another. - - - Respondents. The Court made the following: HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.113 OF 2010 JUDGMENT This Criminal Revision Case is filed by the petitioner under Sections 397 and 401 of Criminal Procedure Code, 1973 (‘Cr.P.C.’, for brevity), praying to set aside the Order made in Crl.M.P. No.6595 of 2009 in Calendar Case No.105 of 2007, dated 02-12-2009, passed by the learned Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, Guntur District. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the Respondent/State. The petitioner is accused in C.C. No.105 of 2007 on the file of Special Judicial First Class Magistrate for Prohibition and Excise, Guntur. On earlier occasion for the absence of the petitioner, Non Bailable Warrant was issued and he filed an application in Criminal M.P. No.1240 of 2009 to recall the NBW, however the said application was dismissed. Challenging the same, he filed Criminal R.C. No.627 of 2009, wherein this Court by order dated 17-04-2009 allowed the said Revision by directing the petitioner to appear before the lower Court on 20-04-2009 and to file an application to recall NBW and on filing of the said application directing the lower Court to release the petitioner to recall the NBW on his depositing an amount of Rs.10,000/- (Rupees ten thousand only) into the Court and on further condition of appearing before the trial Court on each date of adjournment till the disposal of the case. It is also ordered that in case of his absence, the amount of Rs.10,000/- (Rupees ten thousand only) shall be forfeited apart from taking other action available to him. On 02-12-2009, the petitioner was absent, he filed an application under Section 317 of Cr.P.C. to dispense with his personal attendance. However, the lower Court in view of the orders passed by this Court forfeited the amount of Rs.10,000/- deposited by the petitioner to the estate and again issued NBW against the petitioner. As far as forfeiting the amount of Rs.10,000/- is concerned, the same appears to be in pursuance of the orders of this Court hence, I do not find any reason to interfere with the same at this stage. Therefore, the impugned order is confirmed to the extent of forfeiting the amount of Rs.10,000/- However, as far as the issuance of NBW against the petitioner is concerned, since the learned counsel for the petitioner submits that the petitioner will appear before the Court regularly and attend the trial, I am inclined to order as follows : The petitioner is directed to surrender before the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur, within fifteen (15) days from today and file an application to recall NBW, on such application, the lower Court shall recall the NBW by taking a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties for a like sum each from the petitioner. The petitioner shall regularly appear before the lower Court. As and when an application under Section 317 of Cr.P.C. is filed, the lower Court shall consider the same on merits and if a reasonable cause is shown, his personal appearance may be dispensed with. However, if the lower Court feels that such applications have been filed only to protract the litigation, then it is for the lower Court to dismiss such applications and proceed against the petitioner. In view of the difficulties explained by the learned counsel for the petitioner, the personal appearance of the petitioner is dispensed with for a period of two months from today. Subject to these observations, the Criminal Revision Case is partly allowed. _____________________ B. CHANDRA KUMAR, J. Date: 01-02-2010. DSH.