HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4951 of 2010 ORDER: This criminal petition is filed by the petitioner seeking to recall the NBWs issued against him on 04.06.2010 in S.C.No.11 of 2009 on the file of the Special Judge for Trial of Cases under SCs. & STs (POA) Act, Cyberabad at L.B.Nagar. 2. The case of the petitioner, in brief, is that he is Accused No.1 in S.C.No.11 of 2009 on the file of the Special Judge for Trial of Cases under SCs. & STs (POA) Act, Cyberabad at L.B.Nagar, and the matter was posted to 04.06.2010. As he met with an accident on 08.04.2010, he could not appear before the court below on 04.06.2010 and filed a petition under Section 317 Cr.P.C. for condonation of his absence. But however, the court below dismissed the said petition and issued NBWs against him on that day. As NBWs were pending against him, the petitioner filed a petition under Section 70(2) Cr.P.C. seeking to recall the NBWs. The court below also rejected the said petition on 07.06.2010 on the ground that how the petition can be entertained in the absence of the petitioner/accused. Aggrieved thereby, the petitioner filed this petition. 3. Heard both sides. 4. From the facts, it appears that the petitionerA.1 met with an accident on 08.04.2010 and his leg was fractured and the doctors advised him bed rest up to 01.07.2010. In those circumstances, this Court exercises its inherent powers conferred under Section 482 Cr.P.C. and permit the petitioner to appear before the court below on 02.07.2010, to which date the matter was adjourned, and file a petition seeking to recall the NBWs issued against him, and on such application, the court below shall recall the NBWs issued against him. Till such time, the NBWs issued against the petitioner shall not be executed. 5. Accordingly, the Criminal Petition is disposed of, at the stage of admission. _______________________________ GOPALA KRISHNA TAMADA,J 14th June, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4951 of 2010 (Disposed of) Date:14-06-2010 CBS