THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL PETITION No.12570 of 2010 DATED: 20-12-2010 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the order, dated 29-09-2010, in Crl.M.P.No.3369 of 2010 in C.C.No.158 of 2009 on the file of the learned Special Judicial Magistrate of First Class (Excise), Ongole. 2. As the petitioner-accused was absent and no representation was made on his behalf on 29-04-2010, the Court below issued non-bailable warrant against him. Coming to know that non- bailable warrant is pending against him, petitioner filed Crl.M.P.No.3369 of 2010 under Section 70 (2) Cr.P.C. However, on 29-09-2010, when the matter was taken up by the learned Magistrate, again the petitioner was absent and no representation was made. Under those circumstances, the Court below dismissed the said application. The same is questioned in this petition. 3. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent- State. Perused the record. 4. The order passed by the learned Magistrate is perfectly justified. Of course, the petitioner was absent on 29.09.2010 due to certain circumstances, but there is provision under the Code of Criminal Procedure to seek condonation of his absence. However, on the first occasion, he did not do so. That alone prompted the Court below to issue non-bailable warrant against him. Even when the recall petition is filed and the matter is taken up for hearing, petitioner was again absent. Under those circumstances, it cannot be said that the Court below faulted in dismissing the said application. However, as the petitioner expressed his willingness to appear before the Court below and file a recall petition afresh, this Court is of the considered view that one more opportunity may be given to the petitioner-accused. Accordingly, petitioner-accused is directed to appear before the Court below and file an application under Section 70(2) Cr.P.C., to recall the warrant, within two weeks, and on such appearance and filing of the application, the Court below may recall the said warrant and proceed in accordance with law. 5. In the result, Criminal Petition is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J 20th December, 2010. Tsy