MCRC 6578/11 21/09/2011. Shri F.A.Shah, Advocate for the petitioner. Shri Prabal Solanki ,Public Prosecutor for respondent No.2/State. Heard counsels for the parties for final disposal of the petition. O r d e r ( oral ) This petition under section 482 Cr.P.C. is filed by the petitioner seeking setting aside of the order dated 22nd July, 2011 passed by the trial court whereby NBWs have been issued against him for his absence before the Trial Court at the time of hearing of the case on 22nd July, 2011. The impugned order of the trial court has been perused. A perusal thereof shows that the trial court has issued NBWs against the petitioner as he had left the court around 12.30 p.m. because of sudden information about illness of his child. An application under section 317 Cr.P.C. was moved by the counsel for the petitioner before the trial court for exemption of the petitioner on that date because of sudden illness of his child. The trial court has dismissed the said application of the petitioner and chose to issue NBWs against him. It is mentioned by the trial court in the impugned order that in case the petitioner had received information about sudden illness of his child around 12.30 p.m., then he should have informed the Court before leaving the court. It appears that the trial court has not taken a pragmatic approach in the matter while issuing NBWs against him. In the opinion of this Court, the trial court was not justified in dismissing the application of the petitioner under section 317 Cr.P.C. in which he had prayed for his exemption from personal appearance on a single date, i.e. 22nd July, 2011. Hence, the impugned order of the trial court dated 22nd July, 2011 is set aside. NBWs issued against the petitioner by the trial court are recalled. The petitioner is directed to appear before the trial court on the next date of hearing fixed before it. This petition is disposed of accordingly. (S.N.Aggarwal) Judge ppg