HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9603 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.1, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.236 of 2009 on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad, taken on file for the offences punishable under Sections 498-A, 323, 506 of IPC. Heard and perused the record. After arguing for some time, learned counsel for the petitioner has not insisted for the main prayer and prayed to recall the non bailable warrant issued against the petitioner and also to dispense with his presence before the trial Court. The trial Court has issued the non bailable warrant against the petitioner only to secure his presence before the Court. Further, the offences alleged against the petitioner are punishable under Sections 498-A, 323, 506 of IPC wherein the question of identity of the petitioner before the trial Court does not arise. Hence, this Court is of the view that the non bailable warrant issued against the petitioner may be recalled and his presence before the trial Court may also be dispensed with. Accordingly, the petitioner is hereby directed to appear before the trial Court and file an application seeking to recall the warrant issued against him and, on filing of such application, the learned Magistrate is directed to recall the warrant and, subsequently, the petitioner is directed to file an application under Section 205 of Cr.P.C. with a prayer to dispense with his appearance before the trial Court and, on filing of such application, the learned Magistrate is directed to consider the same and pass orders, in accordance with law. With the above directions, the Criminal Petition is disposed of and miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 11th October, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.9603 of 2011 (Disposed of) 11th October, 2011 cbs