1. A2 in the Special C.C. No. 3 of 2014 on the file of the learned Special Judge/Chief Judicial Magistrate, Chengleput has directed this criminal original petition under Section 482 Cr. P.C aggrieved by the return of his petition filed under Section 70(2) Cr. P.C which has been to recall the NBW since the accused was not present in the court.

2. Petitioner/A2 is accused of having committed criminal misconduct and he is being prosecuted under the Prevention of Corruption Act, 1988. The statutory formalities under Section 207 Cr. P.C was over. The case is coming up for further hearing. Lastly, it came up on 16.2.2016. On that date, it is stated by the prosecution that the petitioner went into oblivion.

3. In the circumstances, to enforce the attendance of the accused, the learned Special Judge has issued NBW against him. The NBW was entrusted to respondent police to execute it.

4. Apprehending arrest in execution of the NBW, through his counsel, the petitioner had filed a recall petition on 22.1.2016.

5. The learned Chief Judicial Magistrate, Chengalpattu made following endorsement:-

"22.2.2016

Returned

Petitioner/Accused not present. Hence this petition is returned.

Sd/-

Chief Judi