HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.8571 OF 2009 DATED.30-12-2011 ORDER: This Criminal Petition is filed by the Petitioner/Accused No.14 (For short, ‘A-14’) under Section 482 of Cr.P.C. seeking to quash order dated 16.09.2009, passed in Sr. No.3657 of 2007 in P.R.C. No.8 of 2007 and recall warrant issued against the petitioner on the file of the Court of Additional Judicial Magistrate of First Class, Palakol, West Godavari district. 2. The claim of the petitioner in brief is as follows : The petitioner got employment in Dubai in United Arab Emirates on contract basis. After the expiry of the said contract, he returned to his native place in India. Then, he came to know that a case was registered against him and 39 others in Crime No.56 of 2002 on the file of Poduru police station, subsequently charge sheet was filed in the case and it was numbered as P.R.C No.23 of 2005 on the file of the Court of Additional Judicial Magistrate of First Class, Palakol for offences punishable under Sections 143, 341, 323 506(2) and 306 read with Section 34 I.P.C. Further, he came to know that a Non Bailable Warrant was issued against him and the case so far as he is concerned was separated and numbered as P.R.C. No.8 of 2007 on the file of the same Court. Further, the de-facto complainant in the case preferred Criminal Revision Case No.408 of 2007, in which the petitioner was shown as the respondent No.14. It seems that this Court granted stay of all proceedings in Sr. No.3828 of 2002 (P.R.C. No.23 of 2005). Further, he filed a petition under Section 70 (2) Cr.P.C. before the lower Court seeking to recall the warrant in that case but that petition was returned by the learned Magistrate with endorsement as to how the petition was maintainable in view of the stay granted by this Court in Crl.R.C. No.408 of 2007. 3. The point for consideration is whether sufficient grounds are there in order to quash the proceedings as prayed for? 4. There is no basis to say that the petitioner got any knowledge about the registration of the crime and filing of the PRC against him and others. It appears that as he was shown to be absconding, the Non Bailable Warrant was issued against him. It is important that the petitioner’s plea is that he was working in Dubai in United Arab Emirates and returned to India after the expiry of the contract of his employment. Further, the stay granted by this Court in Crl.R.C. No.408 of 2007 does not preclude to recall the warrant issued against the petitioner. It is significant that he was not remanded to judicial custody when he filed the petition under Section 70 (2) Cr.P.C. Hence, in view of the facts and circumstances of the case, the Criminal Petition is allowed quashing the order dated 16.09.2009, passed in Sr.No.3657 of 2007 in P.R.C. No.8 of 2007 recalling the warrant issued against the petitioner on the file of the Court of Additional Judicial Magistrate of First Class, Palakol, West Godavari district. __________________________ G. KRISHNA MOHAN REDDY, J Dated:30-12-2011. Dsh. 213 THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.8571 OF 2009 December 30, 2011 DSH