THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.10245 OF 2010 ORDER: 1 The petitioner is the sole accused in C.C.No.478 of 2007 on the file of the Court of the III Metropolitan Magistrate, (Municipal Mobile Court, Vijayawada and as he was not attending the court, the court below issued N.B.W. against him. Seeking recalling of the said warrant, he filed Crl.M.P.No.1975 of 2010 and the same was dismissed on 23.08.2010. Questioning the same, the petitioner filed the present petition. 2 From a perusal of the order, it is clear that the petitioner has no respect to the court. On earlier occasion also he was absent and the court below was pleased to issue N.B.W and on an application filed under section 70(2) Cr.P.C. the said N.B.Ws were recalled and this is the third occasion. It is not as though the court below in a routine manner and automatically issues the said N.B.Ws. It is only when the accused is absent and there is no representation on behalf of the accused on many occasions, the courts will take such an extreme step of issuing N.B.Ws. In those circumstances, this court cannot hold that the said order passed on 25.08.2010 is erroneous. 3 However, as the petitioner expressed his willingness to appear before the court and file an application to recall the said warrants, this court is of the view that one more opportunity can be given to the petitioner so that he can appear before the court below and file an application to recall the said warrants. 4 In those circumstances, this petition is disposed of with a direction to the petitioner to appear before the court below within fifteen days from the date of receipt of a copy of this order and file an application under section 70(2) of Cr.P.C. for recalling the said N.B.Ws pending against him. As and when the petitioner appears and files such an application, the court below may consider the same and recall the warrants pending against the petitioner. ----------------- Sri T.G.K, J. 30.12.2010 Kvsn