THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2104 of 2011 ORDER: Petitioners approach this Court by invoking the provisions under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 29.08.2011 passed in Crl.M.P.No.2233 of 2011 in C.C.No.457 of 2009 by the learned Special Judicial First Class Magistrate (Excise), Ongole, whereby the learned Magistrate dismissed the application filed under Section 70(2) Cr.P.C. 2. Learned counsel for the petitioners argued that the petitioners could not able to attend the court at Ongole on 27.06.2011 as they were threatened with dire consequences by the de facto complainant and his men. But, the learned Magistrate without considering the said fact, issued NBWs against the petitioners. 3. This Court perused the record and heard the arguments. 4. On perusal of the record, it is seen that the petitioners filed the petition stating reasons for their non-appearance on 27.06.2011. In the circumstances, this Court is of the view that the warrants issued by the learned Magistrate are only to secure the presence of the petitioners-accused before the trial Court and when the petitioners expressed their inability for their absence, and they themselves wantonly appeared before the Court by way of filing a petition to recall the warrants, learned Magistrate would have recalled the same and allowed the petitioners to appear before the concerned Court. 5. Hence, the petitioners are hereby directed to appear before the Court below and file an application to recall the warrants pending against them and on such filing, the learned Magistrate is hereby directed to recall the same and to proceed with the trial. The petitioners are directed to appear before the court regularly after recalling of the warrants. 6. With the above observation, the Criminal revision case is disposed of. The miscellaneous petitions, if any, filed along with the criminal revision case shall stand closed. _____________________ JUSTICE RAJA ELANGO 19th October 2011, Rns.