V. BHASKARA RAO, J.

( 1 ) THIS is a petition filed to quash the order of the XVII Metropolitan magistrate, Hyderabad, in C. C. No. 77/89 recalling the Non-Bailable warrant issued against the respondent under Sec. 70 (2) of the Criminal procedure Code.

( 2 ) THE brief facts of the case are: The petitioner herein filed a private complaint against the respondent alleging that the Respondent kidnapped him with the aid and asistance of some others, kept him in illegal custody for over one week and therefore liable for punishment under Sections 324, 395, 379, 343, 365, 367 and 368 I. P. C. The Magistrate took cognizance of the offence and since the process could not be served, the N. B. W. was issued by the Magistrate against the respondent for execution through an advocate-Commissioner. However, the Advocate-Commissioner returned the N. B. W. on 3-8-1989 unexecuted. While so on 4-8-89 the respondent appeared before the Court and filed a petition, to recall the N. B. W. which was ordered. It is this order of recalling the N. B. W. , that is questioned in these proceedings under Sec. 482 Cr. P. C.

( 3 ) THE contention of the learned counsel for the petitioner is that the magistrate having

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