HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8782 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 of Cr.P.C., seeking to quash the docket order dated 19.01.2011 passed by the II Addl. Judicial Magistrate of First Class, Tirupathi in C.C.No.583 of 2007, whereby the learned Magistrate issued NBW against him. Learned counsel for the petitioner submitted that though the petitioner filed a petition before the trial Court seeking adjournment on the ground of urgent personal work, the trial Court dismissed the said petition without expressing any reasons and, on the other hand, issued NBW against him and his absence is neither willful nor wanton. He further submitted that the petitioner is ready to appear before the trial Court. Therefore, he prayed to recall the NBW issued against the petitioner. The order impugned herein runs as follows: “Accused absent since long time. The accused is continuously absent and the matter is coming for the examination of the accused. Hence, the appearance of accused is required. Therefore, the petition u/s 317 Cr.P.C. is dismissed. Issue NBW against accused.” Admittedly, the petitioner shall appear before the trial Court at the time of his examination under Section 313 of Cr.P.C. However, considering the submission of the learned counsel that the petitioner is ready to appear before the trial Court and answer the questions under Section 313 of Cr.P.C., the petitioner is hereby directed to appear before the trial Court and file an application seeking to recall the warrant issued against him and, on filing of such application, the learned Magistrate is directed to recall the warrant. The petitioner is further directed to appear before the trial Court as and when the learned Magistrate insists for his presence. With the above directions, the Criminal Petition is disposed of and miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________ RAJA ELANGO, J 21st September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.8782 of 2011 (Disposed of) 21st September, 2011 cbs