THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.5072 OF 2010 ORDER: 1 This is a petition to recall the Non Bailable Warrants issued against the petitioners by the learned Judicial Magistrate of I Class, Chevella, R.R. District in PRC No.25 of 2010, registered for the offences punishable under Sections 324, 323 of IPC and under section 3 (1) (X) of SC & ST (POA) Act, 1989. 2 Brief facts are that two months prior to the date of incident, the petitioners engaged the de facto complainant who is arrayed as 2nd respondent herein to clear their land admeasuring 6 acres by cutting and removing bushes and also to erect the fencing stones which fell down. It is stated that the second respondent agreed to complete the work on payment of Rs.2,000/-. The first petitioner paid an amount of Rs.500/- as advance and promised to pay the remaining amount of Rs.1,500/- after completion of work. Thereafter the second respondent completed the work entrusted to him. Then on 10.1.2010 at about 3.30 PM the second respondent went to the land of the first petitioner on receipt of information that the petitioners have arrived at the land and requested them to pay the balance amount of Rs.1,500/- On that the petitioners inspected their land and found some of fencing stones have fallen down and asked the second respondent about that. But the second respondent replied that he did not know how some of the fencing stones fell down. Then the petitioners got annoyed on seeing the incomplete work and abused the second respondent in filthy language in the name of his caste and also beat him with a stick. The said incident was witnessed by the villagers. 3 At a stage when the crime was registered the petitioners approached this court and filed Criminal Petition No.523 of 2010 to quash the proceedings in the said Cr.No.7 of 2010, this court granted interim stay of all further proceedings including arrest of the petitioners in pursuance of which the petitioners could not be arrested. Subsequently the said Criminal Petition was disposed of by order dated 27.01.2010 in the following manner. “In the circumstances, it is directed that investigation and consequent steps on the basis of result of the investigation shall go on, but petitioners shall not be arrested till filing of charge sheet, if any. Petitioners shall appear before the Investigating Officer on every Saturday between 5- 00 and 7-00 PM for two weeks starting from this Saturday i.e. 29.01.2010, for the purpose of interrogation”. 4 Thereafter the police have completed the investigation and filed charge sheet and the same was numbered as PRC No.25 of 2010 and the learned Magistrate issued the said Non Bailable Warrants. As stated supra, the same is under challenge in this petition. 5 Sri C. Padmanabha Reddy learned senior counsel appearing for the petitioners tried to impress upon this court stating that straight away the court cannot issue Non Bailable Warrants and instead it should have issued summons directing the petitioners to appear before the court. 6 In the normal circumstances, I would have agreed with the said contention. When once the charge sheet is filed, the normal procedure would be to issue summons and if the accused are not present, then to issue Non Bailable Warrants. But here the facts are somewhat peculiar. In the case on hand the moment the crime was registered the petitioners approached this court and filed Crl.P.No.523 of 2010 and the said Criminal Petition was disposed of in the manner extracted above. Consequent upon the disposal of the said Criminal Petition with the above direction, the police could not arrest the petitioners, but after completion of investigation, the police filed the charge sheet. Thus there was never an occasion for the police to arrest the petitioners. However, as Non Bailable Warrants are pending against the petitioners and this is a petition to recall the said warrants, this court is of the view that the petitioners can as well approach the court below and file a petition under Section 70(2) of Cr.P.C. and request the court below to recall the said warrants. Of course, the learned Magistrate has no power to recall the said warrants for the reason that this is a case exclusively triable by the court of session. For that reason, as and when the petitioners approach the court below and file an application to recall the said warrants, the learned Magistrate may recall the said warrants. 7 This petition is accordingly disposed of. ------------- --- 18.06.2010 Kvsn