THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.9631 of 2010 28th September, 2010 Between :- M. Surendra .. Petitioner And The State of A.P., Rep. By P.P.., High Court of Andhra Pradesh, Through Station House Officer, Patnam P.S., Anantapur District .. Respondent THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.9631 of 2010 ORDER:- This is an application filed by the petitioner seeking recall of the warrant issued by the Additional Judicial Magistrate of First Class, Kadiri, Anantapur District, in C.C.No.106/2006. Heard learned Counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for the respondent-State. Learned Counsel appearing for the petitioner submits that the petitioner could not appear before the Additional Judicial Magistrate of First Class, Kadiri on 29-3-2008 because of ill-health and thereby the petitioner offered sufficient reason for his absence before the trial Court, in which case NBW issued against him is liable to be recalled. The petitioner challenged the order passed by the Additional Judicial Magistrate of First Class, Kadiri, on application filed by him with regard to recall of N.B.W. by filing Criminal Revision Petition No.51/2010 on the file of the Special Sessions judge for Trial of SCs & STs – cum – Additional District and Sessions Judge, Antantapur. The learned Additional District and Sessions Judge, in exercise of revisional powers under Section 397 Cr.P.C., did not find any valid ground to interfere and thereby proceeded to dismiss the revision. Such is the situation, the petitioner is at liberty to surrender himself before the Additional Judicial Magistrate of First Class, Kadiri, and move necessary application, in which case the learned Magistrate has to consider the same and pass appropriate order on the same day as practicable as possible. In the result, the petition is dismissed subject to the above observation. ________________________ B.Seshasayana Reddy, J 28th September, 2010 smr