(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the order, dated 09.12.2019 in Crl.M.P.No.2259 of 2019 in C.C.No.398 of 2009 passed by the VII Addl. Chief Metropolitan Magistrate, Hyderabad.
(2.) Heard the learned counsel for the petitioners and perused the material on record.
(3.) The petitioners herein filed the above petition under Section 70 (2) Cr.P.C. on 06.12.2019 to re-call the N.B.Ws. issued against the petitioners-A1 and A2. It is stated by the petitioners that the case was posted for appearance of the petitioners on 21.08.2015, but due to non appearance of the petitioners on the said date, the trial Court was pleased to issue N.B.Ws. against the petitioners. Thereafter also, the petitioners did not appear before the Court. It is stated that the petitioners were under constant medical treatment for voluminous diseases and they are regular visitors to the hospital and the same is continuing till date. Fortunately, they have recovered to certain extent, but they are not in a position to appear before the Court and as such, they have filed the petition to re-call N.B.Ws. pending against them in the light of the judgment reported in Shaik Yousuf V State of Andhra Pradesh through P.S. Asif Nagar, 2001 LawSuit(AP) 1547.