THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.466 OF 2011 ORDER: This criminal petition under Section 482 Cr.P.C. is filed by the petitioners – accused 1 to 4 seeking to recall the non-bailable warrants(NBWs) issued in P.R.C.No.19 of 2010 by the Judicial Magistrate of First Class, Boath, Adilabad District. 2. Heard. 3. The brief facts of the case are that on the basis of the complaint given by the de facto complainant, originally, a crime was registered and after investigation, as the matter was referred as mistake of fact, the complainant filed a protest petition. Learned Magistrate while taking cognizance of the said protest petition, issued warrants against the petitioners herein. 4. Learned counsel for the petitioners submitted that the petitioners are ready and willing to appear before the trial Court to face the trial. Hence, he requested the court to quash the warrants issued against the petitioners herein. 5. This Court is of the view that the learned Magistrate is at liberty either to issue summons or warrant for appearance of the petitioners. But at the same time, when the petitioners are inclined to appear before the Court on receipt of summons, there is no need for issuance of any non-bailable warrant. Further, the learned Magistrate issued NBW only to secure the presence of the petitioners. The presence of the petitioners can be secured even by way of issuing summons. In the present case, the petitioners expressed their willingness to appear before the trial Court regularly. Hence, the NBWs issued by the trial Court against the petitioners are hereby recalled and they are directed to appear before the trial Court regularly. 6. The Criminal Petition is accordingly disposed of. The miscellaneous petitions, if any, filed along with the Criminal Petition shall stand closed. ___________________ JUSTICE RAJA ELANGO Date:24.01.2011 Rns/Vjl