THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE No.149 2010 Dated: 04th February, 2010 Between: Athul Sha. R …Petitioner AND The State represented by its Public Prosecutor, High Court of A.P., Hyderabad And another …Respondents THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No.149 of 2010 ORDER: 1. This Revision Case has been filed challenging the order, dated 25.01.2010 in Crl.M.P.No.535 of 2010 in C.C.No.71 of 2006 on the file of the Additional Judicial First Class Magistrate, Nandyal. 2. The brief facts of the case are as follows: The petitioner has been involved in 15 cases. On earlier occasion he was irregular and NBWs were issued against him. Then he filed Crl.P.No.7724 of 2008 before this Court and this Court by an order, dated 26-11-2008 disposed of the Criminal Petition directing the petitioner to file an Application to recall NBWs pending against him and also made an observation that in future the petitioner shall appear before the trial Court on each date of adjournment and in case of his failure to appear on any day to which date the case stands posted, he shall be remanded to judicial custody. 3. It appears that out of 15 cases, C.C.Nos.117 and 118 of 2006 were posted to 19-01-2010, whereas the other cases were posted to some other day. The docket orders, dated 19-01-2010 in Crl.M.P.No.361 of 2010 in C.C.No.117 of 2010 shows that the petition filed by the petitioner under Section 317 of Cr.P.C. to dispense with his appearance was allowed. The docket order, dated 19-01-2010 in Crl.M.P.No.362 of 2010 in C.C.No.118 of 2006 shows that the petition filed by the petitioner under Section 317 of Cr.P.C. to dispense with his appearance was dismissed in view of the orders passed by the Hon’ble High Court. 4 In the Application filed under Section 317 of Cr.P.C. it is stated by the petitioner that he has been suffering from ill-health. Though there was a direction to the petitioner to appear before the Court on each date of adjournment and in case of failure to appear on any such date, he shall be remanded to judicial custody, but, admittedly the petitioner is being represented by his Advocate and the applications under Sections 317 of Cr.P.C. is filed. Surprisingly one application was allowed and another application was dismissed. 5. In the above circumstances, the petitioner is directed to surrender before the Additional Judicial First Class Magistrate, Nandyal, within ten days from today and file an Application to recall NBWs pending against him and on such application the learned Magistrate shall recall the NBWs pending against the petitioner by taking appropriate sureties from him for his future presence to face the trial. 6. The Criminal Revision Case is, accordingly, disposed of. ______________________ B. CHANDRA KUMAR, J February 04, 2010 Bvv