HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6225 of 2009 DATED:13.08.2009 Between: Posiemreddy Sravani and anothers .. Petitioners And Kotney Satish and another .. Respondents HON’BLE SRI JUSTICE G.BHAVANI PRASAD CRIMINAL PETITION No.6225 of 2009 ORDER: Heard Sri N. Ravi Prasad, learned counsel for the petitioners, and Sri A. Ramesh, learned counsel, who entered appearance on behalf of the learned Public Prosecutor for the second respondent. No notice is being ordered to the first respondent, as the disposal of this matter at the stage of admission has no impact on the rights and interests of the first respondent in any manner. The petitioners claim that they filed Crl.P.No.3584 of 2008 before this Court to quash the proceedings in C.C.No.90 of 2008 on the file of the Special Judicial Magistrate of First Class, Excise, Eluru and also obtained interim stay of further proceedings therein. The petitioners state through their counsel that though the interim stay granted, when the criminal petition was filed, expired, by efflux of time, they again applied for grant of interim stay and it was granted and is in force. However, during the period during which the stay did not subsist, the trial Court appeared to have issued non-bailable warrants to secure the appearance of the petitioners before it and though they filed Crl.M.P.No.1493 of 2007 to recall the non- bailable warrants issued against them, the request of the petitioners was negatived by the docket order, dated 13.07.2009. While the trial Court cannot be considered unjustified in issuing non-bailable warrants to secure the presence of the petitioners before it when there was no interim stay of the proceedings before it, in the light of the subsequent events, as stated by the learned counsel for the petitioners above, the interim stay having been again granted by this Court in Crl.P.No.3584 of 2008, the inherent jurisdiction of this Court should be invoked to recall the non- bailable warrants issued against the petitioners. Accordingly, the non-bailable warrants issued against the petitioners on 27.02.2009 in C.C.No.90 of 2008 on the file of the Special Judicial Magistrate of First Class, Excise, Eluru are recalled and the Criminal Petition is allowed. _____________________ G. BHAVANI PRASAD, J 13th August 2009 KH