HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.6350 of 2010 ORDER: This criminal petition is filed by the petitioner-A.3 seeking to set aside the order dated 28.06.2010 passed by the learned III Addl. Chief Metropolitan Magistrate, Hyderabad, in Crl.M.P.No.2045 of 2010 in C.C.No.1442 of 2007 and to recall the NBWs issued against him. 2. Facts of the case, in brief, are that one Ikram Ali Kaleem filed a private complaint before the V Metropolitan Magistrate, Hyderabad, against the petitioner herein-A.3 and two others alleging the offences punishable under Sections 324, 506 r/w 34 IPC, and the learned Magistrate referred the complaint to the police for investigation and report. Having received the complaint, the Sub Inspector of Police, Banjara Hills P.S., Hyderabad registered Crime No.571 of 2002 against the accused. i) During the course of investigation, A.1 and A.2 were arrested, but A.3 could not be apprehended, as he was out of Country. Having completed investigation in the Crime, the police filed charge sheet before the competent criminal Court against A.1 and A.2 only, showing A.3 as absconding, and the same was taken on file as C.C.No.1442 of 2007 by the learned III Addl. Chief Metropolitan Magistrate, Hyderabad. ii) Subsequently, on a petition filed by the defacto complainant and A.1 and A.2 seeking to refer the matter to the Permanent Lok Adalat for Metro Criminal/Civil Courts, Hyderabad, for resolving the dispute and compounding the offences, as provided for under Section 320 Cr.P.C, the Court below referred the matter to the Lok Adalat. After recording the compromise entered into between the parties, the Lok Adalat passed an award on 06.09.2008 acquitting A.1 and A.2. iii) As the petitioner-A.3 was shown as absconding, NBWs were issued on him on 09.10.2007 and the same are still pending. After returning to India and after coming to know of the fact that he is figured as A.3 in Crime No.571 of 2002 and NBWs were issued against him by the Court below in C.C.No.1442 of 2007, the petitioner-A.3 filed Crl.M.P.No.2045 of 2010 under Section 70(2) Cr.P.C. seeking to recall the NBWs issued against him. On the date of hearing of the said petition, as the petitioner was called absent and there was no representation on his behalf, the Court below dismissed the said petition, by an order dated 28.06.2010. Aggrieved by the same, the petitioner-A.3 filed this Criminal Petition. 3. Heard the learned counsel for the petitioner-A.3 4. Apparently, the petitioner was called absent on the date of hearing of Crl.M.P.No.2045 of 2010 in C.C.No.1442 of 2007. When an application under Section 70(2) of Cr.P.C. is filed to recall NBWs, the accused shall be present in the Court invariably. As the petitioner herein was not present on that particular day, in my considered view, the Court below is justified. 5. However, taking the totality of the facts and circumstances of the case into consideration i.e. the compromise entered into between the parties and as the petitioner was out of Country, he was shown as absconding, this Court takes a lenient view and directs the petitioner-A.3 to appear before the Court below and file an application under Section 70(2) Cr.P.C. within two weeks from today, and on such appearance and presentation of application, the Court below may recall the NBWs issued against him and proceed with the case thereafter, in accordance with law. 6. Accordingly, the Criminal Petition is disposed of, at the stage of admission. _______________________________ GOPALA KRISHNA TAMADA,J 6th July, 2010 Note: Furnish C.C. by one week. (b/o) CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.6350 of 2010 (Disposed of) Date:06.07.2010 Note: Furnish C.C. by one week. (b/o) CBS