HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 2500 OF 2008 And CRIMINAL PETITION No. 2690 of 2008 COMMON ORDER: Since in both these criminal petitions, the complainant, the crime number and the subject matter are one and the same, they are being heard together and disposed of by this common order. These two criminal petitions under section 482 of the Code of Criminal Procedure are filed by the petitioners – Accused Nos.2 and 1 respectively approached this Court with a prayer to quash the order dated 15.04.2008 in C.F.R.No.1940 of 2008 in C.F.R.No.4941 of 2004 in Cr.No.23 of 2006 on the file of the Judicial First Class Magistrate, Macherla, Guntur District. The order of the learned Magistrate runs as follows: “ Perused the complaint, documents and sworn statements of witnesses. There is prima facie case against the accused under Sections 384, 420, 467, 468, 471 and 474 read with 34 IPC. Issue NBWs against the accused on payment of process. Call on 28.07.2008. Complainant is absent and his absence condoned on petition.” Learned counsel for the petitioners submitted that the issuance of NBW at first instance without ascertaining th fact whether the petitioners will appear before the Court to face the trial or not is erroneous in law and there is no need for issuance of NBW, except in extraordinary circumstances. Learned Magistrate has also not stated the reasons for issuance of NBWs and the learned Magistrate has also not substantiated why there should be a warrant to be issued against the petitioners. Either the summons or the warrants issued by the court only for the purpose of attendance before the Court. It is a clear case wherein the learned Magistrate in the first instance issued NBW without applying his mind. Considering the same, this Court is inclined to quash the order passed by the learned Magistrate in both the cases. Further, learned counsel for the petitioners submitted that the petitioners are ready to appear before the concerned court to face the trial. In view of the same, the present impugned order passed the learned Magistrate in C.F.R.No.1940 of 2008 in C.F.R.No.4941 of 2004 in Cr.No.23 of 2006 is hereby quashed and the petitioners are directed to appear before the concerned Court on 16.08.2010 and the learned Magistrate is directed to proceed with the matter in accordance with law. Accordingly, both the Criminal Petitions are allowed. ___________________ JUSTICE RAJA ELANGO Date:15th July 2010 Rns