THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 8483 OF 2011 ORDER: The petitioner filed the present criminal petition challenging the order dated 1.4.2011 passed by the learned III Additional Sessions Judge, kadapa in Criminal M.P. No. 49 of 2011 in S.C. No. 16 of 2009, whereby the learned Sessions Judge dismissed the application filed by the petitioner for adjourning the case. The learned Sessions Judge passed the impugned order, which is as follows: “Accused is absent. L.Ws. 1 to 5 and 7 are present. Petition is filed u/s. 309 Cr.P.C. As seen from the docket the case was adjourned earlier also at the request of the accused. The present 309 petition is not supported by medical certificate that the accused is admitted to any hospital for his cardiac problem. Therefore the petition is dismissed in the circumstances stated above and issue NBW against the accused. Since N.B.Ws. are issued against the accused, LWs. 1 to 5 and 7 are directed to appear after receipt of summons. Call on 21.4.2011.” The learned Sessions Judge has taken into consideration the earlier absence of the petitioner and also the factum of non-filing of any documents to substantiate his plea that he is admitted in a hospital. But at the same time, taking into consideration the submissions made by the learned counsel for the petitioner that the petitioner is ready to face the trial without any absence and since the offences are under Sections 302 and 307 of IPC, this Court is of the view that a fair opportunity should be given to the petitioner to adduce his defence before the trial Court. Hence, the petitioner is directed to file an application before the concerned Court to recall the warrant and also directed to pay a sum of Rs. 6,000/- (Rupees Six Thousand Only) towards costs to the witnesses, who were present before the trial Court on 1.4.2011 and on payment of such amount, the learned Sessions Judge is directed to recall the warrant and the petitioner is also directed to appear before the concerned Court without fail till disposal of the case. The Criminal Petition is accordingly disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 19.09.2011 pnb