HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRL.P.No.4418 of 2010 ORDER: This petition is filed to set aside the order dated 11.05.2010 passed in Crl.M.P.No.2259 of 2010 in C.C. No.400 of 2007 on the file of the VI- Additional Chief Metropolitan Magistrate, Hyderabad, by recalling the Non Bailable Warrant issued against the petitioner. Brief facts of the case are that a case in Crime No.9 of 2002 was registered against the petitioner-A2 and two others by the C.I.D police, Hyderabad, on 23.04.2002, for the offences punishable under Sections 120-B, 420, 409 and 109 of I.P.C. Since the petitioner was working at Kuala Lumpur, he could not be apprehended. But, however, when he arrived at Chennai from Kula Lumpur on official work, the immigration authorities seized the passport of the petitioner and that the C.I.D. police have deposited the said passport before the VI Additional Chief Metropolitan Magistrate, Hyderabad, before whom the said crime was pending. Subsequently, the petitioner-A2 filed Crl.M.P.No.516 of 2005 for return of his passport and that the learned Magistrate by an order dated 18.02.2005, while allowing the said petition. directed the petitioner to surrender the said passport within a period of eight weeks from the date of the said order. Thereafter, the petitioner left for Malasia in order to resume his employment. Since the petitioner could not get leave to appear before the Court, he filed Crl.M.P.No.1258 of 2005 seeking to extend the time for surrendering the passport and that the Court below granted four weeks time to appear before the Court and to deposit the passport. Aggrieved by the same, the petitioner preferred Crl.R.P.No.72 of 2005 and that the learned Additional Metropolitan Sessions Judge for trial of Communal Offence Cases-cum-VII Additional Metropolitan Sessions Judge, while allowing the said revision , extended the time for surrendering the passport of the petitioner till filing of charge sheet by the C.I.D. police before the competent Court. It is further directed that as soon as charge sheet is filed, the petitioner-A2 shall appear before the trial Court and shall face trial of the case and that the CID police are at liberty to serve summons on the petitioner as and when required. Thereafter, the CID police filed charge sheet before the trial Court showing the petitioner as absconding. Since the police have shown the petitioner absconding in the charge sheet, the trial Court issued N.B.W against him. Therefore, the petitioner filed Crl.M.P.No.2259 of 2010 before the VI-Additional Chief Metropolitan Magistrate, Hyderabad, seeking to recall the NBW issued against him and that the learned Magistrate, by an order dated 11.05.2010 dismissed the said petition on the ground that the petitioner was not arrested by the police and remanded to judicial custody and that the question of recalling the warrant in the absence of accused does not arise, unless the accused surrendered before the Court. Aggrieved by the said order, the petitioner preferred this criminal petition. Heard both sides. The learned Additional Metropolitan Sessions Judge, while allowing the said revision, extended the time for surrendering the passport of the petitioner till filing of charge sheet by the C.I.D. police before the competent Court. It is further directed that as soon as charge sheet is filed, the petitioner-A2 shall appear before the trial Court and shall face trial of the case and that the CID police are at liberty to serve summons on the petitioner as and when required. Thereafter, the CID police filed charge sheet before the trial Court showing the petitioner as absconding. Admittedly, the CID police has not issued summons to the petitioner-A2 for his appearance before the trial Court after charge sheet is filed. Since the police have shown the petitioner absconding in the charge sheet, the trial Court issued N.B.W against him. It is submitted by the learned Counsel for the petitioner that the CID police issued Red Corner Notice against the petitioner, which is causing severe hardship to the petitioner to leave from Malaysia for appearing before the trial Court. Having regard to the facts and circumstances of the case and since the petitioner is ready to appear before the trial Court and surrender the passport, I deem it appropriate to recall the N.B.W issued against the petitioner. Therefore, the N.B.W. issued against the petitioner- A2 is recalled and he is directed to appear before the VI- Additional Chief Metropolitan Magistrate, Hyderabad, and surrender his passport, within a period of Six Weeks from today. The Criminal Petition is accordingly disposed of. _________________________ (GOPALA KRISHNA TAMADA, J) 07-07-2010 Note: C.C. in two days. (Bo) Gsn.