section 70(2) Cr.P.C. recall N.B.W = summons in C.C.No.221 of 2009 has been received by some relative and the said relative has not informed the petitioner and therefore, the petitioner could not appear before the trial court. As seen from the material placed on record, N.B.W. is pending since 2009 onwards. The trial court, having taken note of said fact, proceeded to dismiss the petition filed by the petitioner under section 70(2) of Cr.P.C. I do not see any flaw in the order passed by the learned Judicial First Class Magistrate, Mahaboobnagar. However, the petitioner is at liberty to surrender himself before the Judicial First Class Magistrate at Mahaboobnagar and move an application seeking for regular bail. In which event, the learned Magistrate has to consider the application on the same day as practicably as possible.

THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY

Criminal Revision Case No.313 of 2013

ORDER:-

          This revision is directed against the order dated 09.01.2013 passed in Crl.M.P.No.2712 of 2012 in C.C.No.221 of 2009 on the file of the Judicial Magistrate of First Class at Mahaboobnagar, whereby and whereunder the learned Magistrate dismissed the application filed by the petitioner under section 70(2) Cr.P.C. to recall N.B.W.

          The petitioner is the accused in C.C.No.221 of 2009.  Consequent on his failure to appear before the court, N.B.W., came to be issued against him. The petitioner filed Crl.M.P.No.2712 of 2012 under section 70(2) Cr.P.C. in the court of Judicial First Class Magistrate at Mahaboobnagar, to recall N.B.W. The learned Magistrate, having considered the facts and circumstances, proceeded to dismiss the application by order dated 09.01.2013.  The said order is assailed in this revision. 

          It is contended by the learned counsel appearing for the petitioner that the summons in C.C.No.221 of 2009 has been received by some relative and the said relative has not informed the petitioner and therefore, the petitioner could not appear before the trial court.

          As seen from the material placed on record, N.B.W. is pending since 2009 onwards.  The trial court, having taken note of said fact, proceeded to dismiss the petition filed by the petitioner under section 70(2) of Cr.P.C.  I do not see any flaw in the order passed by the learned Judicial First Class Magistrate, Mahaboobnagar.  However, the petitioner is at liberty to surrender himself before the Judicial First Class Magistrate at Mahaboobnagar and move an application seeking for regular bail. In which event, the learned Magistrate has to consider the application on the same day as practicably as possible.

          Accordingly, this Criminal Revision Case is dismissed at admission stage.

________________________

Justice B.Seshasayana Reddy

22^nd February, 2013.

gm/vjl

Note : Issue copy by 25.02.2013.