The court emphasizes the importance of exhausting available remedies before approaching higher courts in recall applications for NBWs.

ORDER

This Criminal Petition has been filed to recall and cancel the NBWs issued against the petitioners who are accused Nos.5 and 6 in C.C. No.98 of 2016 dated 10.01.2016 by the learned XIII Additional Metropolitan Magistrate, Hyderabad.

2. Heard Mr. Sameer Anurag Jashtadi, learned Counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1.

3. Notices in respect of respondent No.2 is dispensed with on the ground that this Criminal Petition is filed aggrieved by the orders issued by the trial Court issuing N.B.Ws.

4. Learned Counsel for the petitioners submits that the petitioners have not committed any offence, the ingredients under Sections 494 and 406 of IPC are not attracted against the petitioners. Petitioners could not appear before the trial Court due to health reasons on 10.01.2017. However, the learned Magistrate issued N.B.Ws on 10.01.2017. The Petitioner No.1 is a house wife now she is aged about 57 years and petitioner No.2 is also house wife and she is aged about 76 years and they are suffering with oldage ailments, unless the N.B.Ws are recalled, the petitioners will be put to great hardship.

5. Per contra, learned Assistant Public Prosecutor submits that the petitioners ought to have filed application before the learned Magistrate seeking to recall the N.B.Ws and on the other hand straight away approached this Court and filed the present application, and the same is not maintainable under law.

6. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioners were made as accused Nos.5 and 6 in C.C. No.98 of 2016 for the offences punishable under Sections 494 and 506 of IPC.

7. Learned Magistrate issued N.B.Ws against the petitioners on 10.01.2017. The specific case of the petitioners is that due to health reasons they could not attended the Court below, the same is neither willful nor wanton. To establish the above said facts, the petitioners have filed medical records as material papers from page Nos.30 to 46 along with Criminal Petition.

8. The record further discloses that the petitioners have not approached the trial Court and filed application seeking to recall the N.B.Ws which is available as per the provisions of Section

70(2) of Cr.P.C. and Section 72(2) of BNSS.

9. Taking into consideration the above said facts and circumstances of the case, this Court is of the considered view that a direction be given to the petitioners to file an application for recalling of N.B.Ws., which were issued against them on 10.01.2017, under Section 70(2) of Cr.P.C, or Section 72(2) of BNSS, within a period of two (2) weeks from the date of receipt of a copy of this order and on such application being filed, the learned XIII Additional Chief Metropolitan Magistrate is directed to consider the same and pass appropriate orders, without insisting the personal presence of the petitioners by duly taking into consideration their age and health conditions, in accordance with law, within a period of four weeks from thereafter.