IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND NINE HON’BLE SRI JUSTICE G. BHAVANI PRASAD Criminal Petition No.6796 of 2009 Between: M. Srisailam .. Petitioner AND The State of A.P. rep. by Public Prosecutor, High Court of A.P., at Hyderabad .. Respondent Petition under Section 482 of Cr.P.C. praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the order passed in Crl.M.P. No.3840 of 2009 in C.C. No.530 of 2009 (Crime No.90 of 2008 of P.S. Bhongir Rural), dated 21-08-2009 by the Additional Judicial Magistrate of First Class, Bhongir dismissing the petition filed under Section 70 (2) Cr.P.C., to recall NBW issued against the petitioner. The petition coming on for hearing, upon perusing the petition and the grounds filed in support thereof and upon hearing the arguments of Sri C. Pratap Reddy, Advocate for the petitioner and of the Public Prosecutor for the respondent, the Court made the following: ORDER: Heard Sri C. Pratap Reddy, learned counsel for the petitioner and Sri A. Ramesh, learned counsel representing the learned Public Prosecutor for the respondent. The Additional Judicial Magistrate of First Class, Bhongir passed the impugned order in Crl.M.P. No.3840 of 2009 in Crime No.90 of 2008 of Bhongir Rural Police Station in C.C. No.530 of 2009 on 21-08-2009 dismissing the petition under Section 70(2) of the Code of Criminal Procedure to recall the non-bailable warrant issued against the petitioner. The learned Magistrate opined that the petition is not maintainable, as the accused was not subjected to the provisions of Section 437 of the Code of Criminal Procedure. The petitioner relied, before the trial Court and here also, on the orders of this Court in Criminal Petition No.6836 of 2008, dated 30-10-2008 directing that the petitioner shall not be arrested till filing of the charge-sheet, and claimed that he was unaware of the issuance of the non-bailable warrant on filing of the charge-sheet. Irrespective of the legal questions considered to be involved in the matter by the trial Court and the correctness or otherwise of its opinion, the petitioner being unaware of the filing of the charge- sheet due to the orders passed in the earlier criminal petition by this Court, is not improbable in ordinary and natural course of human events and while there is nothing irregular in the trial Court issuing a non-bailable warrant to secure the presence of the petitioner when he had appeared before the trial Court with the request for recalling his warrant, it will be in the interests of justice to provide him a reasonable opportunity to defend himself by subjecting himself to the judicial process. The rules of procedure are intended to advance the cause of substantial justice and are not designed to result in oppression and injustice to the parties even for any technical lapses. Therefore, the petitioner can be permitted to appear before the trial Court and participate in the trial subject to any suitable bond that the trial Court may obtain to ensure his future presence before it. Therefore, the petitioner shall appear before the trial Court in C.C. No.530 of 2009 within fifteen (15) days from the date of this order, on which the Additional Judicial Magistrate of First Class, Bhongir may obtain from the petitioner an appropriate personal bond with or without sureties for such sum as may be considered appropriate in exercise of the judicial discretion of the trial Court for ensuring the presence of the petitioner before the Court till the finality of the criminal proceedings. The non-bailable warrant issued against the petitioner shall be kept in abeyance till such time and shall be recalled on such appearance before the trial Court. In case of default by the petitioner in such appearance, the non-bailable warrant shall be executed as ordered by the trial Court. The criminal Petition is ordered accordingly. _____________________ G. BHAVANI PRASAD, J Date: 28-08-2009 Svv