THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO. 8219 OF 2010. O R D E R : This Criminal Petition filed under section 482 of Cr.P.C., seeking to recall the Non-bailable warrant issued against them in CC.No.739 of 2004 on the file of the Court of II-Additional Judicial Magistrate of First Class, Khammam and continue Rule 37 petition filed by the petitioner No.2 and permit the petitioner No.1 to represent the case on his behalf. The learned counsel for the petitioner submitted earlier the advocate has withdraw his vakalath due to local pressure and the petitioner no.1 himself represented as party in-person and the petitioner No.2 filed the petition under Rule 37 of Criminal Rules of Practice authorizing the petitioner No.1 to represent him in the above case. He further submitted that the above case was posted on 03-8-2010 for the appearance of the petitioner- accused. As the train was missed, the petitioner could not reach the court in time to represent his case. On the said date, the case was called at 10:30 a.m. and during the call work, the learned Magistrate issued NBW against the petitioners 1 and 2 by recording their absence. As the petitioner No.2 filed the petition under Rule 37 of Criminal Rules of Practice, it is in force, but the learned Magistrate without cancelling the said petition directly issued NBW against both the petitioners. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Considering the facts and circumstances, the petitioners are directed to appear before the II-Additional Judicial Magistrate of First Class, Khammam and file application under section 70 (2) Cr.P.C., on or before 31-08-2010 seeking to recall the NBWs issued against them and on filing the said application, the learned Magistrate is directed to recall the NBWs issued against the petitioners and continue Rule 37 of Criminal Rules of Practice filed by the petitioner No.2 and permit the petitioner No.1 to represent the case on his behalf. With the above direction, the Criminal Petition is disposed of. _______________________ JUSTICE RAJA ELANGO. 17-08-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 8219 OF 2010 17-08-2010 I s L