THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition Nos.9004 & 9005 of 2010 (DATED : 09-09-2010) Between: Mohd. Raheem Khan S/o Basith Khan, …Petitioner A n d State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad. …Respondent THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition Nos.9004 & 9005 of 2010 COMMON ORDER: These two petitions are filed by the petitioner (A-2) to recall the N.B.Ws issued against him by the XI Metropolitan Magistrate at L.B.Nagar, Cyberabad in C.C.Nos.283 of 2007 and 284 of 2007 respectively. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent- State. Learned counsel appearing for the petitioner submits that the petitioner could not be present before the trial Court as he fell ill and subsequently, he filed an application before the trial Court to recall the N.B.W., which ended in dismissal. Hence, the petitioner approached this Court invoking jurisdiction under Section 482 Cr.P.C., with a prayer stated supra. The trial Court considered the conduct of the petitioner and observed as hereunder:- “it appears that originally this case pertains to the year 2005 for offence u/s.379 of IPC. Further, PW1 was examined before this Court on 16/05/2006. Later PWs.2 and 3 were also examined in the year 2007 and at that stage the petitioner/Accused No.2 failed to appear before this Court in the year 2007 itself. Later this Court issued notices to his sureties also and the same are pending. Even at this stage also the petitioner failed to present before the Court and filed petition to recall the NBW which is pending against him. It is an admitted fact that the petitioner never admitted as inpatient in the hospital for treatment as stated by the learned counsel. It is not understood that how the petitioner is unable to attend before the Court when he is able to go to the hospital regularly for treatment for the last 2 years as an outpatient. As per the certificate filed by the learned counsel for the petitioner, the petitioner is taking treatment in the hospital from 08/05/2008 to 30/07/2010 only. In fact the NBW against the accused was issued in the year 2007 itself. It shows his gross negligence towards the Court and the presence of accused is much essential to proceed further in this case as the identification is also required as the offence is u/s.379 IPC”. The trial Court by giving valid and cogent reasons refused to recall the N.B.Ws issued against the petitioner. I do not see any illegality or irregularity in the order passed by the trial Court. Accordingly, both the Criminal Petitions are dismissed. _____________________ B.SESHASAYANA REDDY, J Dt.09-09-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition Nos9004 & 9005 of 2010 DATED : 09—09-2010