HONOURABLE SRI JUSTICE GOPALAKRISHNA TAMADA CRL.P.No.13213 of 2010 ORDER: This Criminal Petition is directed against the order dated 15.12.2010 passed in Crl.M.P.No.3033 of 2010 in C.C.No.34 of 2004 on the file of the Special Judge for CBI Cases, Hyderabad, whereby the application filed under Section 70 (2) of Cr.P.C. to recall the Non Bailable Warrant dated 11.11.2010 issued against the 1st petitioner was dismissed. The 1st petitioner-A2 herein is the proprietor of M/s Sathavahana Rolling Mills Private Limited, which was arrayed as 2nd petitioner-A4 in the aforesaid C.C.No.34 of 2004. As the petitioner-A2 was absent in the Court below on 11.11.2010, N.B.W was issued against him. Thereafter, the petition i.e., Crl.M.P.No.3033 of 2010 filed by the 1st petitioner under Section 70 (2) Cr.P.C. to recall the N.B.W issued against him, was dismissed by the Court below. Questioning the said order, he approached this Court and filed the present petition under Section 482 Cr.P.C. seeking to direct the Court below to recall the said warrant. Heard both sides and perused the impugned order. Having considered the submissions made by the learned Counsel for the petitioners, this Court is of the view that the Court below was justified in refusing to recall the Non Bailable Warrant issued against the 1st petitioner on 11.11.2010. The learned Judge has observed in para-4 of his order, which reads as under: “It appears from the docket that the petitioners have not informed the Court voluntarily about the dismissal of criminal petition by the Hon’ble High Court on 1.07.2010, the petitioners attended the Court and since no witness was present, it was posted to 27.10.2010. On that day, the petitioners did not attend the Court and there was no representation made. Without passing any adverse orders on that day, case was posted to 11.11.2010 for hearing. On that day, the petitioners were called absent and again there was no representation made on their behalf. It is, therefore, obvious that the ground of mishearing the date on 27.10.2010 as 27.12.2010 is mischievous inasmuch as there was nobody in the Court on 27.10.2010, no further date of adjournment on behalf of the petitioners”. In the aforesaid circumstances, I find no justification to set aside the impugned order. However, the learned Counsel for the petitioner submits that the case is coming up for trial on 20.01.2011 and that the petitioner is ready and willing to appear before the Court below on that date and file an application to recall the N.B.W issued against him, this Court is of the view that this petition can be disposed of with certain directions. Accordingly, this Criminal Petition is disposed of at the stage of admission, with a direction to the 1st petitioner to appear before the Court below on or before 20.01.2011 and file an application under Section 70 (2) Cr.P.C. seeking to recall the N.B.W pending against him and on such appearance and filing of such an application, the Court below may consider the same and recall the said warrant pending against him and proceed with the trial of the case in accordance with law. The Criminal Petition is accordingly disposed of. _______________________________ (GOPALA KRISHNA TAMADA, J) 29.12.2010 Gsn.