THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 10253 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to issue a direction to the Prl. Sessions Judge, Kurnool to recall NBW issued against the petitioner in C.C.No. 3 of 2009. I have heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor representing the State. The petitioner is one of the accused in the above case before the learned Prl. Sessions Judge, Kurnool. On 28.9.2010 the petitioner was absent and the counsel for the petitioner appearing before the Sessions Court did not file any petition to condone his absence but he filed petition under Section 317 Cr.P.C. to dispense with the presence of A.3 and A.6 who were also not present on that day. Since no petition was filed, the learned Sessions Judge issued notices to the sureties and also issued NBW against the petitioner. Thereafter, a petition under Section 70 (2) Cr.P.C. was filed before the Sessions Judge seeking to recall NBW issued against the petitioner but the same was dismissed. The present petition is filed to issue a direction to the learned Prl. Sessions Judge to recall NBW. This court is not supposed to issue such positive direction to the learned Sessions Judge to recall NBW issued against the petitioner since the discretion, either to recall or dismiss the petition under section 70(2) lies with the court which issued the same. However, the petitioner is at liberty to approach the learned Sessions Judge by filing another petition u/s 70(2) Cr.P.C. to recall NBW or furnish sureties to the satisfaction of the learned Sessions Judge, which would be considered as per law. With the above direction, the criminal petition is disposed of. ___________________ R.KANTHA RAO,J 27.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO CRL. PETITION No. 10253 of 2010. ORDER: Dt. 27.10.2010.