HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1065 OF 2009 Dated : 23.07.2010 Between : T.Kasinath Reddy … Petitioner-A.3 A n d 1) The Sate of A.P. 2) Dr.Dilip Chandra … Respondents - Complainants HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1065 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioners-accused seeking to quash the proceedings in P.R.C.No.5 of 2009 on the file of Judicial First Class Magistrate, Thamballapalli of Chittoor District. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. After arguing for sometime, the learned counsel for the petitioners not insisting for the main prayer confined his argument only to the extent of recalling the non-bailable warrants issued against the petitioners by the learned Magistrate. It is seen from the record that initially the de facto complainant lodged a written report before the respondent-Police, basing on which a case in Crime No.22 of 2008 was registered. However, after due investigation Police referred the matter as ‘mistake of fact’. Subsequently, the de facto complainant field a protest petition. After recording the sworn statements of the complainant and other witnesses, the learned Magistrate took cognizance of the same in P.R.C.No.5 of 2009. But, it is not clear from the records as to why the Magistrate issued non-bailable warrants to the petitioners without issuing summons. The learned Magistrate after taking cognizance had every right either to issue summons or non-bailable warrants to the accused, but it should be in accordance with law and substantiated by the facts and circumstances of the case and the main purpose of issuing a non- bailable warrant would be to secure the presence of the accused before the Court, but such issuance of non-bailable warrant should not be as a matter of course. In the present case, the petitioners expressed their readiness to submit themselves to judicial proceedings. In such a situation, there is no need for the Magistrate to issue non-bailable warrants. In view of the same, this Court is of the view that non-bailable warrants issued against the petitioners can be recalled. Accordingly, this Criminal petition is disposed of with a direction to the petitioners to appear before the Court below on the next date of hearing and file a fresh application seeking to recall the non-bailable warrants, upon which, the learned Magistrate shall recall such non- bailable warrants and proceed further in the criminal case in accordance with law. ________________________ JUSTICE RAJA ELANGO Dated : 23.07.2010 sur