THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.5712 OF 2010 ORDER: 1 L.G.C.No.146 of 1994 is pending between the petitioner and the first respondent herein by name Bitla Raghunanthan Kumar before the Special Court under A.P. Land Grabbing (Prohibition) Act. On the basis of another complaint made by the first respondent C.C.No.4 of 2009 was also registered against the petitioner herein. During the pendency of the said C.C.No.4 of 2009, the Special Court was pleased to issue N.B.Ws against the petitioner herein who is the third accused in the said case. Pursuant thereto he appeared before the court and filed Crl.M.P.No.11 of 2010 requesting the court to recall the said warrants. However, the Special Court was pleased to pass the following order: “The petition is presented at 1.20 PM today requesting to recall NBW issued against A.3 and it was ordered to be checked and put up at 2.30 PM. At 2.30 PM the petitioner – accused No.3 is present but he is seen lying on a long Bench in the court hall. He is accompanied by number of relatives. It is stated in the affidavit filed in support of this petition that he is suffering from paralytic attack for the last ten days. In support of the same an unauthenticated Xerox copy of medical certificate issued in respect of physical handicapped candidates issued in GO Ms. No.109 Women Development and Welfare and Labour Department dated 25.06.1992, wherein it is stated that P. Subash son of P. Narsaimha Rao is having 40% disability is produced. It is not clear for what purpose this certificate is obtained. Even assuming what is stated therein is correct, the certificate discloses the disability as “right side Hemipehiga” and permanent partial disability is 40% as obtaining in 2001. The present condition of the petitioner is not known and no medical report relating to the present status of the Hemipehiga is filed into court. The LGC 146/1994 out of which, the CC proceedings arise, had a long chequered history. We have observed in our previous bail orders passed in respect of other accused, that one or the other accused is absconding as a part of scheme to delay the proceedings. Therefore, we do not see any reason to recall NBW which is pending for the last four months against the petitioner – accused No.3. Therefore, this petition is dismissed.” 2 In the light of the said dismissal of the petition filed to recall the warrants, the petitioner was taken into custody and is kept in central prison Charlapalli. The same is questioned in this petition. 3 Learned counsel for the petitioner submitted that the Special Court was not justified in not recalling the warrants. According to him the petitioner was present and he also filed an application. In those circumstances, the Special Court should have considered the said application made on behalf of the petitioner and recall the warrants. The learned counsel for the petitioner also produced a copy of the medical certificate issued by Medical Officer, Central Prison, Charlapalli dated 19.06.2010. 4 From a perusal of the said medical certificate and also taking the facts into consideration, this court is of the view that the said order passed by the Special Court refusing to recall the warrants is not justified. 5 Accordingly this petition is allowed and the order dated 31.05.2010 passed in Crl.M.P.No.11 of 2010 is hereby set aside and the petitioner shall be set at liberty forthwith. The petitioner shall appear before the Special Court under the A.P. Land Grabbing (Prohibition) Act to face trial in C.C.No.4 of 2009 in L.G.C.No.146 of 1994. --------------- 28.06.2010 Registry to dispatch the order Immediately B/o Kvsn