THE HON'BLE MR JUSTICE G.V.SEETHAPATHY CRIMINAL PETITION No :12193 of 2010 DATED:10-12-2010 ORDER: This petition is filed under Section 482 Cr.P.C. assailing the order, dated 20-11-2010, in Crl.M.P.No.289 of 2010 in C.C.No.141 of 2010 on the file of the learned Judicial Magistrate of First Class, Tiruvuru, Krishna District, wherein the said application filed by the petitioner for recall of non-bailable warrant issued against her was dismissed. 2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. Perused the records. 3. Petitioner is facing prosecution for the offence under Section 420 IPC in C.C.No.141 of 2010, which was taken cognizance based on the private complaint. It appears when the matter was posted for commencement of trial, on 12-11-2010, L.W.1 was present, but evidence could not be recorded because petitioner-A1 was absent and her presence was required for the purpose of identification by the witness. On the same day, an application was filed in Crl.M.P.No.304 of 2010 under Section 317 Cr.P.C. for condoning the absence of the petitioner-A1 and the said application was dismissed and non- bailable warrant was directed to be issued against the petitioner- A1. Subsequently, petitioner filed Crl.M.P.No.289 of 2010 under Section 70(2) Cr.P.C. for recall of non-bailable warrant and by impugned order the learned Magistrate dismissed the said application. 4. Learned counsel for the petitioner would submit that the absence of the petitioner on 12-11-2010 was not wilful and she could not attend the Court because of viral fever and convulsions. 5. In support of the said plea, petitioner has filed a medical certificate to the effect that she was advised bed rest from 10-11-2010 till 18-11-2010 because of convulsions and viral fever. Having regard to the fact that prima facie petitioner is shown to be unwell at the relevant time and therefore she did not attend the Court, it is considered that the non-bailable warrant issued against her be recalled. Petitioner-A1 is directed to appear before the trial Court within two weeks from today and seek appropriate orders regarding her attendance before the Court. 6. In the result, Criminal Petition is disposed of. _______________________ G.V.SEETHAPATHY,J 10th December, 2010. Note: Furnish C.C. of the order by 14-12-2010. B/o Tsy