IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6393 OF 2009 Between: Juttiga Nagaraju. ..... PETITIONER. AND The State of A.P., Represented by Public Prosecutor, High Court of A.P. Hyderabad. ..... RESPONDENT. Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the proceedings in C.C. No.243 of 2006 on the file of Judicial Magistrate of First Class, Narsapur, West Godavari District. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. RAMA MOHAN PALANKI, Advocate for the Petitioner and of the Public Prosecutor on behalf of the first respondent, the Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6393 OF 2009 ORDER: Heard Sri. Rama Mohan Palanki, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public prosecutor for the sole respondent. The petitioner is the accused in C.C. No.243 of 2006 on the file of the Judicial Magistrate of First Class, Narsapur, and his petition in Crl. M.P. No.2477 of 2009 was dismissed by the learned Magistrate on 28-07-2009 only on the ground that she was not inclined to recall the warrant against the petitioner in his absence and consequently she concluded that there was no merits in the application to allow the same. In the petition for recall, the petitioner had specifically stated that he is suffering from H.I.V. due to which he was unable to attend the court and he also stated that he is a permanent resident of his village within the jurisdiction of the court. The ailment with which the petitioner is allegedly suffering is serious enough as to call for a sympathetic consideration by the Court but, the trial Court as stated above, rejected the request with its cryptic order. Irrespective of the merits of the order of the learned Magistrate, on the facts placed before this Court, it is evidently a fit case where the inherent jurisdiction of this Court can be invoked in the interests of justice, like in Criminal petition No.4793 of 2008 dated 05-08-2008. The petitioner also incidentally sought for quashing the criminal case itself but has absolutely failed to mention any reasonable ground for seeking such a relief and therefore the same cannot be considered. Hence, the Non Bailable Warrant issued against the petitioner is hereby recalled and the petitioner is permitted to appear before the trial Court within fifteen days from the date of this order and on such appearance, the trial Court, in exercise of its judicial discretion, can obtain appropriate personal bond from the petitioner with or without sureties for an appropriate sum to secure his future presence before the trial court till the conclusion of the criminal proceedings. In case of default by the petitioner to appear before the trial Court within fifteen days from now, the trial Court is at liberty to issue N.B.W. afresh for securing his presence before the trial Court. The Criminal petition is ordered accordingly. ____________________ G.BHAVANI PRASAD, J Date: 18-08-2009. Dsh. Note: Furnish C.C. In two days.