IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10368 OF 2009 Between: Shyam Sunder Agarwal, S/o. Badri Narayan Agarwal ……Petitioner – Accused No.2 AND The State of A.P., Rep. by the Public Prosecutor High Court of A.P., Hyderabad & another .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.10368 OF 2009 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Shyam Sunder Agarwal, accused No.2, seeking to quash the proceedings against him in C.C. No.1278 of 2005 on the file of XVII Metropolitan Magistrate, Hyderabad, arising out of Crime No.704 of 2003 of Narayanguda Police Station, Hyderabad, registered for the offences under Sections 380, 385 and 506 IPC. 2. Heard. 3. The C.C. is of 2005, which the petitioner seeks to quash now in 2009. Hence, without going into the merits of the case, this petition is liable to be dismissed, as in case there is no prima facie case against the petitioner, he ought to have approached this Court initially itself. 4. At this stage, learned counsel for the petitioner reported that non-bailable warrant is issued against the petitioner. 5. In the circumstances, it is directed that on petitioner appearing before the trial Court on the next date of hearing and file an application for recalling the non-bailable warrant, the trial Court shall recall the same. Till then, the petitioner shall not be arrested. 6. With the above directions, the Criminal Petition is dismissed at the admission stage itself. The petitioner is at liberty to take all the pleas available to him before the trial Court. ____________________ P. SWAROOP REDDY, J December 9, 2009. NOTE: 1. Dispatch the order today itself. 2. Communicate the order to the Court concerned immediately. (B/O) PV