HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL PETITION No.7352 of 2009 ORDER: This Criminal petition has been filed by the petitioner who is an appellant in Crl.A.No.123 of 2009. It appears the appellate Court issued N.B.W. against him consequent on his failure to appear. He filed recall petition in Crl.P.No.163 of 2009 in Crl.A.No.123 of 2009. The said application is stated to be pending. Pending the recall petition before the lower appellate Court, he chose to approach this Court by invoking the provisions under Section 438 Cr.P.C. 2. As seen from the petition filed by him before the lower appellate Court under Section 70 (2) Cr.P.C., to recall the N.B.W., he was suffering from an ailment as on the date of his filing application. As on this day, he has no ailment, in which case, he can appear before the lower appellate Court and invite orders on his application filed under Section 70 (2) Cr.P.C. 3. In the given facts and circumstances of the case, approaching this Court invoking the jurisdiction under Section 438 Cr.P.C. is misconceived. 4. Accordingly, the Criminal Petition is dismissed. ____________________ September 17, 2009 KVR