Crl.Pet. 4/2008 BEFORE HON’BLE MR JUSTICE HN SARMA Heard Ms. M. Barthakur, learned counsel for the petitioner and Mr. B. Sinha, lea rned PP, Assam. By this application, the petitioner has prayed for recalling the order of NBWA i ssued against him by the learned trial court in GR Case No. 1200/02 under Sectio n 385/34 IPC passed on 13.4.04 and on subsequent dates.. The contention of the petitioner is that after necessary trial, other accused ha s been acquitted on 27.9.07 and accordingly he now wants to appear before the co urt but he is apprehensive of sending him to the custody. I am not at all impres sed by the submission made by the learned counsel nor any statement of such pray er has been made. However, it is open to the petitioner to surrender before the learned trial cour t and in the event of his surrender, the learned trial court shall consider and pass appropriate order in accordance with law. This disposes of the criminal petition.