HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.9617 OF 2010 Dated 1-10-2010 Between: K.Madhavilatha. …Petitioner. And: The State of A.P. represented by its Pubic Prosecutor, A.P., High Court, Andhra Pradesh and another. …Respondents. HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.9617 OF 2010 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to set aside the order passed in Crl.M.P.No.885 of 2010 in D.V.C.No.1 of 2010 dated 17-9-2010 on the file of the Judicial Magistrate of First Class, Uravakonda, Anantapur District. Petitioner herein is the 4th respondent in Crl.M.P.No.885 of 2010 in D.V.C.No.1 of 2010 on the file of the Judicial Magistrate of First Class, Uravakonda, Anantapur District. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. Learned trial Court issued N.B.W. against the petitioner on 19-8- 2010 on the ground that she was absent. Subsequently, without producing the petitioner, the learned counsel for the petitioner filed an application under Section 70 (2) Cr.P.C. on 14-9-2010 before the learned Magistrate and also submitted a decision of this Court reported i n M/s. RAMAKRISHNA AGENCIES, GUNTUR v. STATE OF A.P. REP. BY P.P. ([1]) wherein the learned single Judge held that the accused may not be present while filing an application for recalling N.B.Ws and in the said case, learned single Judge disposed of the Criminal petition setting aside the order passed by the Magistrate dismissing the petition filed for recalling N.B.Ws., on the ground that the petitioner was absent. In the instant case, the learned Magistrate dismissed the petition on the ground that no Medical Certificate was produced by the petitioner showing that she was unwell on the given date and also she was not present while making an application under Section 70 (2) of Cr.P.C. Learned Magistrate further observed that if she was not served with summons, how could she know about the issuance of N.B.Ws against her. A copy of the docket order dated 19-8-2010 produced by the learned counsel appearing for the petitioner clearly indicates that the summons issued to R.4 were returned unserved but on the same day, the learned Magistrate issued N.B.Ws. against the petitioner-R.4. In the circumstances narrated above, the approach of the learned Magistrate in issuing N.B.Ws. against R.4 as well as declining to recall the same on the above stated grounds, is nothing but abuse of process of law and the order impugned is liable to be set aside and consequently, the N.B.Ws issued against 4th respondent-petitioner are hereby cancelled. Accordingly, this Criminal Petition is allowed. __________________________ Justice R.KANTHA RAO Dated 1-10-2010 Dvs HONOURABLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.9617 OF 2010 Dated 1-10-2010 [1] 2000 (1) L.S.78