THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.5093 OF 2010 ORDER: 1 This petition is filed seeking to set aside the order dated 28.04.2010 in Crl.M.P.NO.2214 of 2010 in CC No.298 of 1998 on the file of the court of the III Additional Chief Metropolitan Magistrate, Vijayawada whereby the learned Magistrate refused to recall the warrants that have been issued against the petitioner. 2 Facts are that on the basis of a complaint the Sub Inspector of Police, Suryaraoper L&O P.S. Vijayawada investigated into Crime No.142 of 1998 and after investigation filed charge sheet stating that the petitioner had committed the offences punishable under sections 420, 468 and 471 of IPC. The learned Magistrate thereafter took cognizance of the said offences and issued summons to the petitioner herein to appear before the court. However, the petitioner did not appear. In the light of the same, the court below issued Non Bailable Warrants. Thereupon, the petitioner filed the present Crl.M.P.No.2214 of 2010, which was dismissed. As stated supra the same are questioned in this case. 3 Heard. 4 According to the learned counsel for the petitioner the petitioner is sick and as such he is not in a position to appear before the court below and in that context he produced medical certificate dated 23.4.2010. But, I am not in agreement with the said submission. From the order it appears that the said case is pending since 25.01.2001 and there was no progress and the said Non Bailable Warrants were issued on 07.06.2001. When the said Non Bailable Warrants are pending from 2001, I do not know why the petitioner has chosen to file the present application in the year 2010 that too with a medical certificate. In that view of the matter, this court is of the opinion that the court below is perfectly justified in refusing to recall the said warrants. 5 Hence, I see no merits in this petition and accordingly this petition is dismissed. However, if the petitioner so chooses, may appear before the court below and file an application under section 70(2) Cr.P.C. and request the court to recall the said warrants and it is for the court below to consider the same and pass appropriate orders in accordance with law. -------------- 18.06.2010 Kvsn