THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO. 7804 OF 2010. O R D E R : This Criminal Petition filed under section 482 of Cr.P.C., seeking to direct the Additional Judicial Magistrate of First Class, Palakol, West Godavari district to number and dispose of the recall of NBW application filed by the petitioner under SR.No.4780 of 2010, wherein NBW is pending against the petitioner-A11 in PRC.No.8 of 2007 on its file and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. The petitioner approached this Court with a prayer to direct the learned Magistrate to recall the NBW issued against him. The grievance of the petitioner herein is that for the petitioner’s absence before the trial court, 70 (2) Cr.P.C. petition was filed to recall the NBW issued against him. The learned Magistrate returned the same on the ground that the High Court granted stay of all further proceedings on the basis of the application filed by the defacto complainant. The learned counsel for the petitioner submitted that there is apprehension of arrest in the hands of respondent-police in view of NBW issued by the learned Magistrate. In such circumstances, this Court is of the view that necessary direction can be given to the learned Magistrate and the learned Magistrate is directed to receive the application filed under section 70 (2) Cr.P.C., by the petitioner herein and thereafter recall the NBW issued by him. With the above observation, the Criminal Petition is disposed of. _______________________ JUSTICE RAJA ELANGO. 17-08-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7804 OF 2010 17-08-2010 I s L