IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.1413 OF 2010 Between: D. Vara Prasad @ MLA Prasad ……Petitioner – Accused AND The State of A.P., Rep. by the Public Prosecutor, High Court of A.P., Hyderabad .....Respondent HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.1413 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner D. Vara Prasad @ MLA Prasad, accused, seeking to set aside the order dated 21-01-2010 in Criminal M.P. No.209 of 2009 in S.C. No.273 of 2007 passed by the learned III Additional District and Sessions Judge (Fast Track Court), Nellore, and to recall the non- bailable warrants pending against him in the above S.C. 2. Heard. 3. Considering the circumstances of the case, it is directed that the petitioner shall appear before the trial Court within a fortnight from today and file an appropriate application for recalling the non-bailable warrants pending against him and on such application, the trial Court shall recall the same on condition of petitioner depositing Rs.1,00,000/- (Rupees one lakh only) into the Court and the same shall be returned to him after cross-examination of PW.23 within a period of one month from today. In case, the petitioner fails to complete the cross-examination of PW.23 within the stipulated time, the amount of Rs.1,00,000/- shall be forfeited to the State. The finding of the learned Sessions Judge as to whether PW.23 could not be cross-examined on account of the fault of the petitioner shall be final. 4. With the above directions, the Criminal Petition is disposed of at the admission stage itself. ____________________ P. SWAROOP REDDY, J February 22, 2010. PV