THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1597 OF 2011 ORDER: This criminal petition under Sections 397 and 401 of the Code of Criminal Procedure is filed by the petitioner-A.1 seeking to set aside the orders passed in Crl.M.P.No.719 of 2011 in C.C.No.14 of 2011 dated 26.07.2011 by the Judicial Magistrate of First Class, Rajampet. Heard. The main grievance of the learned counsel for the petitioner is that the petitioner is arrayed as an accused after filing charge sheet before the concerned Court and in the said C.C., the petitioner is shown as absconding and the learned Magistrate issued Non-bailable Warrant against the petitioner. The petitioner filed a petition to recall the warrant and the same is dismissed by the learned Magistrate. Aggrieved over the same, the petitioner approaches this Court. On perusal of the record, the petitioner is shown as absconding accused. Hence the learned Magistrate issued warrant. On knowing about the issuance of warrant, the petitioner filed an application to recall the same. It shows that the petitioner is willing to face the trial and appear before the concerned Court. The issuance of NBW by the learned Magistrate is only to secure the attendance of the petitioner before the trial Court. When the petitioner himself wantonly appeared before the Court by way of filing a petition to recall the warrant, learned Magistrate would have recalled the same and allowed the petitioner to appear before the concerned Court. Hence, the learned Magistrate is hereby directed to recall the warrant, if any such application is filed by the petitioner, on the same day, and the petitioner is directed to appear before the court regularly after recalling of the same. With the above observation, the Criminal Revision Case is disposed of. The miscellaneous petitions, if any, filed along with the criminal revision case shall stand closed. ________________ RAJA ELANGO, J. 3rd August 2011, Rns. After arguing for sometime, learned counsel for the petitioner ------ ------------------prayed that the presence of the petitioner before the trial Court may be dispensed with. He further submitted that during the pendency of this petition, non-bailable warrant was issued against the petitioner and the same may be recalled. As far as the non-bailable warrant is concerned, petitioner shall appear before the trial Court and file an application seeking to recall the non-bailable warrant issued against him, upon which, the learned Judge shall recall the same on the same day. Further, considering the nature of allegations wherein the question of identity of the accused does not arise, the presence of the petitioner before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same. However, the petitioner shall be properly represented through his counsel before the trial Court. With above observations, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 28.01.2011 sur