IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6264 OF 2009 Between: P. Srinivas Reddy. ..... PETITIONER. AND The State of A.P., Represented by Public Prosecutor, High Court of A.P., and another. ..... RESPONDENTS. Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to call the order in Crl.M.P. No.3559 of 2009 in C.C. No.55 of 2006, dated 28-07-2009 on the file of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and quash the same. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. D.VENKAT REDDY, Advocate for the Petitioner and of the Public Prosecutor on behalf of the first respondent, the Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6264 OF 2009 ORDER: Heard Sri. D. Venkat Reddy, learned counsel for the petitioner and Sri A. Ramesh, learned counsel who entered appearance on behalf of the learned Public prosecutor for the first respondent. No notice is being ordered to the second respondent as the disposal of the matter at the stage of admission does not involve any rights and interests of the second respondent. The petitioner is the fourth accused in C.C. No.55 of 2006 on the file of the III Additional Chief Metropolitan Magistrate Court, Hyderabad, and the certified copy of the docket proceedings from 21-01-2006 to 28-07-2009 shows that the absence of the petitioner/fourth accused was condoned earlier by the Court on proper applications and when he was not present on 28-07-2009, when the matter was posted for examination of the accused, the trial Court was compelled to issue a Non-Bailable Warrant against him. The fourth accused filed Criminal M.P. No.3559 of 2009 on the same date to recall the Non-Bailable Warrant but, the said petition was dismissed mainly because the trial Court was unhappy with the pendency of the case since three years without even reaching the stage of examination of the accused. The petitioner claimed that he was sick on that day and he was unable to attend the Court with which reason, the trial Court was not satisfied, may be justifiably as no material in support of such sickness was placed before it. However, now the petitioner placed before this Court the copies of the Medical certificate and diagnosis report in support of his claims of sickness and under similar circumstances, this court ordered in Criminal petition No.4441 of 2009 that, the inherent jurisdiction can be invoked to enable the accused to appear before the trial Court on the future dates of hearing when there were no reasons to presume that the petitioner was making any false statement. A similar concession can be extended to the petitioner herein on his uncontroverted contentions. Therefore, the Non-Bailable Warrant issued against the petitioner be recalled and the order passed in Criminal M.P. No.3559 of 2009 in C.C. No.55 of 2006 dated 28-07-2009 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, be set aside and the Criminal petition be ordered permitting the petitioner to appear before the trial Court on the future dates of hearing of the case as earlier and if he were to default in appearance on any dates of hearing, he has to show to the satisfaction of the trial Court compelling reasons for such absence which shall be considered on merits by the trial Court concerning any particular date of hearing. ____________________ G.BHAVANI PRASAD, J Date: 13-08-2009. Dsh.