THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9075 of 2010. ORDER: Heard the learned Counsel for the petitioners and the learned Public Prosecutor representing the State. This is a petition filed under Section 482 Cr.P.C. seeking to quash the docket order dt. 25.8.2010 passed in PRC.No. 108 of 2008 on the file of the II Additional Junior Civil Judge, Gurazala. The petitioners are the accused in P.R.C.No.108 of 2008 on the file of the I Additional Junior Civil Judge, Gurajala and that on 25.8.2010 the petitioners who are some of the accused in the above PRC did not appear before the learned Magistrate and an application under Section 317 Cr.P.C. was filed seeking to dispense with their attendance on the ground that they were attending before the Additional Sessions Judge, Narsaraopet in another case but the learned Magistrate dismissed the application and remanded the other accused who appeared before him in the said PRC. On 21.8.2010, a learned single Judge of this Court allowed Crl.P.No. 8843 of 2010 filed by A.1, A.2, A.4, A.5, A.8 and A.16 and set aside the same order dt. 25.8.2010 passed in the above PRC. Considering all the aspects of the matter, I am of the view that the order dt. 25.8.2010 passed by the learned Magistrate is the result of non-application of mind. The petitioners who are A.7, A.9, A.12 to A.15 could not be present before the learned Magistrate as they appeared before the Additional Sessions Judge, Narsaraopet in another case. Though it was brought to the notice of the learned Magistrate as to why the petitioners did not appear before the court by filing an application under Section 317 Cr.P.C. the learned Magistrate dismissed the application and issued NBWs against them. The order of the learned Magistrate is illegal and the same is liable to be set aside in this petition. Accordingly, the order dt. 25.8.2010 passed in P.R.C.No. 108 of 2008 by the learned I Additional Junior Civil Judge, Gurazala is set aside. The criminal petition is allowed. __________________ R.KANTHA RAO,J 13.09.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 9075 of 2010. ORDER: Dt. 13.09.2010.