THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1936 of 2007 Dated:26th August, 2010 Between: R.V.R.Bhupal Prasad ….Petitioner and 1. State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Anr. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1936 of 2007 ORDER: This Criminal Petition has been filed by the accused in C.C.No.246 of 2005 on the file of V Additional Munsif Magistrate, Guntur, assailing the order dated 28.02.2007 passed in Crl.M.P.No.1389 of 2007, whereby and whereunder the petition filed by him under Section 70(2) Cr.P.C. came to be dismissed. 2. The petitioner herein is the accused in C.C.No.246 of 2005 on the file of V Additional Munsif Magistrate, Guntur. Consequent on his failure to appear before the Court, the learned Magistrate proceeded to issue NBW against him. It is contended by the learned counsel appearing for the petitioner that the petitioner could not attend the Court due to traffic jam. 3. As seen from the docket order dated 28.02.2007 passed in Crl.M.P.No.1389 of 2007, the petitioner failed to present before the Court when the petition to recall NBW came up for consideration. In that view of the matter, I do not see any illegality or irregularity in dismissing the petition filed by the petitioner. However, it is left open to the petitioner to appear before V Additional Munsif Magistrate, Guntur, and file an application to recall the NBW issued against him and in which case, the learned Magistrate has to consider the same and pass appropriate orders. 4. Accordingly, the Criminal Petition is dismissed. The interim stay granted on 26.03.2007 stands vacated. ______________________ B.SESHASAYANA REDDY, J. Date:26th August, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.1936 of 2007 Dated:26th August, 2010