HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7229 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the docket order dated 27.07.2011 passed by the Judicial Magistrate of First Class, Tuni, in C.C.No.561 of 2008. Heard both sides. Learned counsel for the petitioner submitted that though the petitioner filed an application before the trial Court seeking to condone his absence on 27.7.2011 due to fever and back pain, the trial Court dismissed the said application and issued NBW against him vide docket order dated 27.7.2011, and that his absence is neither willful nor wanton. Therefore, he prayed to quash the said order. On perusal of the record, this Court is of the view that the trial Court should have given an opportunity for the petitioner and condoned his absence on medical certificate and without giving any opportunity, the trial Court dismissed the application and issued non bailable warrant against the petitioner. Hence, the impugned order is liable to be quashed. Accordingly, the Criminal Petition is allowed and the docket order dated 27.07.2011 passed by the Judicial Magistrate of First Class, Tuni, is hereby quashed and the petitioner is hereby directed to appear before the trial Court on all the dates of subsequent hearing. Miscellaneous Petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 18th August, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.7229 of 2011 (Allowed) 18th August, 2011 cbs