HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5550 of 2010 ORDER: This Criminal Petition is filed by the petitioners-A.2 to A.4 seeking to set aside the order dated 19.04.2010 passed by the learned II Addl. Metropolitan Magistrate, Vijayawada, in C.C.No.71 of 2005. 2. The facts of the case, in brief, are that the petitioners herein and another are accused in C.C.No.71 of 2005 on the file of the II Addl. Metropolitan Magistrate, Vijayawada, and they are facing trial for the offence punishable under Section 498-A IPC. During pendency of the trial, the matter was posted for hearing on 10.03.2010, on which date, the learned counsel for the petitioner filed a petition under Section 317 Cr.P.C. seeking to dispense with the presence of the petitioner. However, the Court below, vide docket order, dated 10.03.2010, dismissed the said petition, while issuing NBWs against the petitioners, and posted the matter to 30.06.2010. The same is under challenge in this Criminal Petition. 3. Heard both sides. 4. The learned counsel for the petitioners submitted that the petitioners have been attending the court below regularly and on that particular day i.e. 10.03.2010 as they were at Pune, they could not appear before the court below and their non- appearance is neither willful nor deliberate. He further submitted that the petitioners are ready to appear before the court below and file an application to recall the NBWs issued against them. 5. Having considered the submissions of the learned counsel for the petitioners and taken into consideration the facts and circumstances of the case, the petitioners are hereby directed to appear before the court below on 30.06.2010, to which date the matter was posted, and file an application under Section 70(2) Cr.P.C. seeking to recall the NBWs issued against them, and on such application, the court below shall consider the same and recall the NBWs issued against the petitioners, and later proceed with the case, in accordance with law. 6. Accordingly, the Criminal Petition is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J 28th June, 2010 Note:Furnish C.C. today. (b/o) CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5550 of 2010 (Disposed of) Date:28-06-2010 Note:Furnish C.C. today. (b/o) CBS