HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION Nos.1292 & 1293 of 2011 COMMON ORDER: Since both the Criminal Petitions arose out of one and the same matter, they are being together disposed of by this common order. Petitioner in Crl.P.No.1292 of 2011 is L.W.1 and petitioner in Crl.P.No.1293 of 2011 is L.W.2 in S.C.No.582 of 2009 on the file of the I Addl. Metropolitan Sessions Judge, Hyderabad. They filed the Criminal Petitions, under Section 482 of Cr.P.C., seeking to quash the orders dated 03.02.2011 passed by the learned Sessions Judge in S.C.No.582 of 2009. Facts of the case are that though L.Ws.1 and 2 received summons in the case, they did not appear before the trial Court on 15.11.2010, and hence, the case was posted to 10.12.2010. Even on that day, as they failed to appear before the Court, bailable warrants were issued against them and the matter was posted to 17.1.2011 and subsequently it was posted to 3.2.2011 for execution of bailable warrants. On which date, L.Ws.1 and 2 filed petitions under Section 256 of Cr.P.C. with a prayer to dispense with their appearance, but the trial Court dismissed the petitions by an order dated 03.02.2011 and issued NBWs against them and posted the case to 21.02.2011. Aggrieved over the same, L.Ws.1 and 2 filed the Criminal Petitions. Learned counsel for the petitioners has submitted that L.W.1 is wife of L.W.2 and since the paternal uncle of L.W.2 expired on 08.12.2010 both L.Ws.1 and 2 sent Memos through their relative praying the Court to fix another date for recording their evidence. Inspite of the same, the trial Court issued bailable warrants against them and posted the matter to 17.1.2011 and thereafter also when L.Ws.1 and 2 on some grounds filed petitions in Crl.M.P.Nos.98 and 99 of 2011 for dispensation of their personal appearance on 03.02.2011, the trial Court dismissed the said petitions on the same day and issued NBWs against them and posted the case to 21.02.2011. He further submitted that there is no willful or deliberate negligence on the part of L.Ws.1 and 2 in appearing before the trial Court and now they are ready to appear and depose before the trial Court on 21.02.2010. Therefore, he prayed to quash the impugned orders and to recall the NBWs. On perusal of the record, it is seen that the learned trial Judge issued the NBWs against L.Ws.1 and 2 only for the purpose of securing their attendance to depose before the Court. Taking into consideration the submission of the learned counsel for the petitioners and also in the facts and circumstances of the case, the NBWs issued against the petitioners-L.Ws.1&2 are hereby recalled and the petitioners are directed to appear before the trial Court on 21.02.2011 and also on the dates that may be fixed by the trial Court directing them to appear before the Court. Accordingly, the Criminal Petitions are disposed of and the miscellaneous petitions, if any, filed along with the criminal petitions shall stand closed. _____________ RAJA ELANGO, J 9th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.Nos.1292 and 1293 of 2011 (Disposed of) 9th February, 2011 CBS