THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2000 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Sections 397 and 401 of Cr.P.C. with a prayer to set aside the order dated 13.09.2011 passed in Crl.M.P.No.3347 of 2011 in C.C.No.127 of 2009 by the learned Judicial First Class Magistrate, Palakol, West Godavari District, whereby the learned Magistrate dismissed the application filed under Section 70(2) Cr.P.C. 2. Learned counsel for the petitioner argued that the petitioner could not able to attend the court on 02.09.2011 due to his ill health. But, the learned Magistrate without considering the said fact, issued NBW against the petitioner. 3. This Court perused the record and heard the arguments. 4. On perusal of the record, it is seen that the petitioner suffering from ailments. In the circumstances, this Court is of the view that the said warrant issued by the learned Magistrate is only to secure the presence of the petitioner-accused before the trial Court and when the petitioner expressed his inability for his absence and intends to appear before the Court regularly, the question of execution of NBW does not arise. Hence, the warrant issued against the petitioner is hereby recalled. The presence of the petitioner before the trial Court is also hereby dispensed with except the dates on which the learned Magistrate insists for the same and he shall properly be represented through his counsel. 5. With the above observation, the Criminal revision case is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 28th September 2011, Rns.