HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.884 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.1, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.317 of 2010 on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad, taken on file for the offences under Sections 498-A and 506 IPC. Heard both sides. The main grievance of the petitioner is that without issuing summons, the trial Court issued NBW against him in the above case and hence the same may be recalled. This Court is of the view that the learned Magistrate is at liberty either to issue summons or warrant for appearance of the petitioner. When the petitioner does not appear before the Court after receipt of summons, the learned Magistrate can issue NBW against the petitioner. But, in the present case, without issuing summons to the petitioner, the learned Magistrate directly issued NBW against the petitioner. Therefore, this Court is of the opinion that the NBW issued against the petitioner can be recalled. Accordingly, the NBW issued against the petitioner is recalled and consequently the red corner notice issued against him is also recalled. Accordingly, the Criminal Petition is disposed of. _____________ RAJA ELANGO, J 31st January, 2011 cbs 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. 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. HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.884 of 2011 (Disposed of) 31st January, 2010 CBS