THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7434 OF 2010 Between : Remalla Bhaskara Venkata Subba Rao ....PETITIONER A N D The State of A.P. …RESPONDENT THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.7434 OF 2010 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner seeking to set aside the order dated 17.04.2008 in C.C.No.321 of 2007 on the file of the III Additional Judicial Magistrate of First Class, Kakinada, East Godavari District. 2. Learned counsel for the petitioner submitted that the petitioner could not attend the Court due to some unavoidable reasons as such the Court below issued Non-bailable warrant against the petitioner. He further submitted that this Court already quashed further proceedings as far as the other accused are concerned. Hence, he prays this Court to direct the Court below to recall the warrant issued on 17.04.2008 against the petitioner herein. 3. This Court is of the view that no prejudice will be caused to the prosecution, if the Magistrate is directed to recall the warrant issued against the petitioner. Therefore, the petitioner is directed to appear before the Court concerned and file an appropriate application, on such application being made by the petitioner, the learned Magistrate is directed to recall the same. 4. It is submitted by the learned counsel for the petitioner that the petitioner being an employee in City Civil Court, Hyderabad, and cannot avail leave for appearing before the Court below frequently on all the dates of hearing, as such his presence may be dispensed with. 5. Therefore, the petitioner is directed to be present before the Court below on the next date of hearing and file an application under Section 205 Cr.P.C. seeking to dispense with his presence before the trial Court and the learned Magistrate is directed to consider the same favourably, since the petitioner is working as Government employee in City Civil Court, Hyderabad. 6. With the above observations, the criminal petition is disposed of. _________________________ JUSTICE RAJA ELANGO AUGUST 04, 2010. YVL