THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO.8074 OF 2011 ORDER: The petitioner-accused No.2 approaches this Court with a prayer to quash the proceedings in C.C.No.568 of 2011 on the file of the Additional Judicial First Class Magistrate, Vizianagaram, filed for the offences under Sections 468, 471, 420, 120-B read with 34 of the Indian Penal Code, 1860 {“IPC” for brevity}. Learned counsel for the petitioner submitted that warrant has been issued at the first instance without issuing summons to the petitioner. Learned counsel for the petitioner further submitted that he is not pressing the main prayer but prays to recall the warrant pending against the petitioner. The petitioner is facing trial for the offences under Sections 468, 471, 420, 120-B read with 34 IPC. His absence before the trial Court is neither willful nor wanton. Further, the petitioner himself is inclined to appear before the trial Court. Considering the facts and circumstances of the case, the Criminal Petition is disposed of and the petitioner is directed to appear before the trial Court on the next date of hearing and to file a petition to recall the warrant pending against him. On filing of such petition, the learned Additional Judicial First Class Magistrate, Vizianagaram, is directed to recall the warrant pending against the petitioner on the same day. The petitioner is further directed to appear before the trial Court regularly. _______________ (RAJA ELANGO, J) 7th September 2011 RRB