THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL PETITION No.3070 of 2010 DATED: 07-06-2010 ORDER: This Criminal Petition is filed by the petitioner seeking to quash the order, dated 19-02-2010, in P.P.No.35 of 2009 in C.C.No.526 of 2007 on the file of the learned President, District Consumer Forum, Guntur. 2. Petitioner is the accused in C.C.No.526 of 2007 before the District Consumer Forum, Guntur. Though notices were served on the petitioner, as he failed to appear before the Court below, the Court below was pleased to issue non-bailable warrant. The same is questioned in this petition under Section 482 Cr.P.C. 3. In my considered view, this petition is not maintainable. When once non-bailable warrant is pending, it is always left open to the persons like the petitioner to approach the Court below and file an application under Section 70(2) Cr.P.C. to recall the warrant, and only after exhausting the said remedy, they can approach this Court. However, as the learned counsel for the petitioner stated that the petitioner is willing to appear before the Court below, petitioner is directed to appear before the District Consumer Forum, Guntur and file an application to recall the said non-bailable warrant, within a period of four weeks. On such appearance and filing of the application under Section 70(2) Cr.P.C., the Court below may recall the said warrant and proceed in accordance with law. 4. Accordingly, Criminal Petition is disposed of. _______________________________ GOPALA KRISHNA TAMADA,J 07th June, 2010. Tsy