IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.7328 of 2009 Between: Dileep, S/o Dineshan .. Petitioner AND State of Andhra Pradesh, reptd. by Public Prosecutor and another .. Respondents HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.7328 of 2009 ORDER: Heard Sri K. Jyothi Prasad, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for the first respondent. The second respondent is stated to be not a necessary party and even otherwise, the order being passed herein no way affects the rights and interests of the second respondent. It is seen from the material on record that a private complaint filed by the second respondent was referred to the police for investigation and report under Section 156 (3) of the Code of Criminal Procedure and on such investigation, the police filed the charge sheet accusing the petitioner to have committed offences punishable under Sections 408, 403 and 420 of the Indian Penal Code. The charge sheet only says that as the petitioner/accused is living in Kerala State, it is a difficult task to arrest the accused without warrant, but the same is no indication of the petitioner making himself scarce from the judicial process during investigation. The investigating officer sought for issuance of a Non-bailable warrant against the accused/the petitioner and the trial court issued such a warrant on 28-02-2009, while taking the case on file against him. What the petitioner submits herein is not only that the issuance of such Non-bailable warrant is in violation of the principles laid down by the Apex Court in this regard, but also that he never knew about the private complaint or the investigation on a reference to the police or the filing of the charge sheet and therefore, the warrant may be recalled to enable him to submit to the judicial process. The request is but reasonable and the petitioner can be permitted under the circumstances to appear before the trial court and participate in the proceedings in C.C.No.548 of 2009 without any fear of being apprehended. Therefore, the non-bailable warrant issued against the petitioner in C.C.No.548 of 2009 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam shall be kept in abeyance till three (3) weeks from today and the petitioner shall appear before the court of I Additional Chief Metropolitan Magistrate, Visakhapatnam in C.C.No.548 of 2009 within the said period of three (3) weeks from today and on such appearance, the trial court may obtain an appropriate personal bond from him for such amount as deemed reasonable by the said court with or without sureties as the said court may deem appropriate to ensure the appearance of the petitioner during further proceedings of the criminal case. Accordingly, the Non-bailable warrant be recalled and the petitioner be allowed to participate in the further proceedings of the case by the said court on such appearance and execution of a bond. In case of default by the petitioner of any such appearance within the said period of three (3) weeks before the trial court, the Non-bailable warrant already issued against him shall be executed. The Criminal Petition is ordered accordingly. _____________________ G. BHAVANI PRASAD, J Date: 11-09-2009 Ksn