THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7223 of 2011 ORDER: Petitioners – accused 1 to 4 approach this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings in C.C.No.353 of 2011 on the file of the III Additional Judicial First Class Magistrate, Tirupathi, whereby they are arrayed as accused for the offence punishable under Sections 342 and 506 IPC. 2. Learned senior counsel for the petitioners confined his arguments only in connection with the warrants issued by the learned Magistrate against the petitioners – accused while taking cognizance of the offence. 3. This Court perused the record and heard the arguments. 4. This Court is of the view that when the complaint is filed and cognizance is taken, the accused should be given an opportunity by way of issuance of summons. Even the Hon’ble Supreme Court has also time and again spelt out the same. Hence, the present warrants issued against the petitioners are not necessary and further when the petitioners themselves intend to appear before the court concerned, there is no need of issuance of NBWs. Hence, the warrants issued by the learned Magistrate are hereby recalled and the petitioners are directed to appear before the Court on the date of hearing on receiving summons. Subsequently, their presence before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their appearance and they shall properly be represented through their counsel. 5. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 19th August 2011, Rns.