THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8904 OF 2011 ORDER: The petitioner preferred the present Criminal Petition challenging the order dated 16.8.2011 made in S.C. No. 8 of 2008 on the file of the learned II Additional Sessions Judge, East Godavari District, Amalapuram, in issuing Non-bailable warrant against the petitioner herein. The petitioner is arrayed as accused No.2 in the aforementioned Case. He is very regular in attending the Court. It is stated that during the pendency of the case, A1 absconded. Hence, the case against the petitioner herein was split up. It is further stated that during the course of trial, P.Ws. 1 to 4 were examined and their cross-examination was treated as nil. Then, the petitioner filed an application for recall of those witnesses. The said application was allowed and summons were ordered to be issued. Meanwhile, the investigating agency informed the Court that A1 and A2 threatened the witnesses, on which, the learned Magistrate directed the investigating officer to file an affidavit wherein the investigating officer has not stated anything regarding the threat posed by the petitioners. However, he only stated that summons were served on the relatives of the witnesses since they were not available. In any event, the learned Public Prosecutor filed an application for cancellation of bail and the same was heard and posted on 16.8.2011 and on that day, the petitioner preferred an application to condone his absence. The learned trial Judge dismissed the same and issued the warrant. Considering the facts and circumstances of the case and as the petitioner is regularly attending the Court, the trial Court is directed to recall the warrant issued against the petitioner herein on the date of his appearance. The Criminal petition is accordingly disposed of. ______________________ JUSTICE RAJA ELANGO Dated : 23rd September, 2011 Note: Furnish c.c. in three days. B/o pnb