IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE NOUSHAD ALI CRIMINAL PETITION NO.4150 OF 2010 Between : Kuuva Kongisi Sekharaiah and another. ... PETITIONERS A N D That State Rep.by the Public Prosecutor. …RESPONDENT THE HON'BLE SRI JUSTICE NOUSHAD ALI CRIMINAL PETITION NO.4150 OF 2010 O R D E R: The petitioners are L.Ws.1 and 2 in Sessions Case No.224 of 2007, on the file of the Principal Sessions Judge, Kurnool. During elections for M.P.T.C. and Z.P.T.C., the accused therein appears to have attacked causing death of the brother of the 1st petitioner and the son of the 2nd petitioner. Upon the complaint of the first petitioner, case was registered and charge sheet was filed for offences falling under various sections of I.P.C. against the accused therein. 2. The petitioners being L.Ws.1 and 2 were bound over on 29.03.2010 and the matter was adjourned to 06.04.2010. However, the petitioners were absent and consequently, N.B.Ws. were issued and the matter is now posted on 09.04.2010. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. The petitioners state that they could not be present on 06.04.2010, on account of the potential threat to their lives. Their absence was not willful and therefore, they seek cancellation of N.B.Ws., ordered against them. 5. The absence of the petitioners on 06.04.2010 is for a reasonable cause. The petitioners are victims, and in fact, the first petitioner is the complainant against the accused. It cannot therefore, be presumed that their absence was willful. 6. In the circumstances, the petitioners are directed to appear before the Court below on 14.05.2010, and on such appearance the N.B.Ws. ordered against the petitioners are directed to be withdrawn. In the meanwhile, N.B.Ws. shall not be executed against the petitioners. 7. Accordingly, the Criminal Petition is disposed of. _________________ NOUSHAD ALI, J MAY 05, 2010. Note: Issue C.C. tomorrow. (B/o) YVL/JS