HONOURABLE SRI JUSTICE GOPALAKRISHNA TAMADA CRL.P.No.9723 of 2010 ORDER: This Criminal Petition is filed seeking to recall the Non Bailable Warrant issued against him in C.C.No.71 of 2005 dated 29.07.2009 on the file of the II-Additional Chief Metropolitan Magistrate, Vijayawada. The petitioner herein is facing trial in the aforesaid C.C.No.71 of 2005 for the offence punishable under Section 498-A of I.P.C. As he was absent in the Court below on 19.04.2010 and 30.06.2010, N.B.Ws were issued against him. Thereafter, the petition filed by the petitioner under Section 317 Cr.P.C. to condone his absence, was dismissed by the Court below. Questioning the issuance of the said NBWs, he approached this Court and filed the present petition under Section 482 Cr.P.C. seeking to direct the court below to recall the said warrants. Heard both sides and perused the impugned order. Learned Counsel for the petitioner submits that the petitioner could not attend the Court below on the aforesaid dates as he could not obtain leave from his employer and that the petitioer is prepared to appear before the Court below and therefore, the N.B.Ws issued against him may be recalled. In that view of the matter, this petition is disposed of at the stage of admission, with a direction to the petitioner to appear before the Court below and file an application under Section 70 (2) Cr.P.C. seeking to recall the N.B.W pending against him and on appearance and filing of such an application, the Court below may consider the same and recall the said warrants pending against him and proceed with the trial of the case in accordance with law. The Criminal Petition is accordingly disposed of. _______________________________ (GOPALA KRISHNA TAMADA, J) 29.09.2010 Gsn.