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Judgment
C.R. Kumaraswamy, J.—This Criminal Petition is filed under 482 of Code of Criminal Procedure praying to set aside the order dated 26.11.2010 in Code of Civil Procedure. No. 15/2010 (EP No. 6/2010) on the file of the IV Additional District Consumer Disputes Redressal Forum, Bangalore.
Sri. Sridhar Chakravarthy, learned Counsel, undertakes to file power on behalf of Respondent within eight weeks. He is permitted to do so.
With the consent of learned Counsel for the Petitioner as well as the learned Counsel for the Respondent, the matter is heard on merits. The material placed before the Court is sufficient to dispose of this matter, at this stage.
It is the contention of the learned Counsel for the Petitioner that he may be permitted to move an application before the Court below for recalling the non-bail able warrant issued against him. The only grievance of the Petitioner is that a direction may be issued to the Court below to dispose of the said application on the same day.
Learned Counsel for the Respondent submits that suitable orders may be passed.
The impugned order dated 26.11.2010 reads as under:
Advocate for complainant filed a memo stating that Cr.P. filed by the accused is dismissed and prayed for issue of NBW.
Accused is absent.
Issue NBW against accused if PF paid through Permanent Injunction Basavangudi PS.
The complainant shall assist in execution of warrant.
Returnable by 24/12.
The Petitioner wants to make an application for recall of the warrant issued against him in the Court below and prays that the said application shall be disposed of on the same day. Therefore, in case an application is filed for recall of the warrant u/s 70(2) of Code of Criminal Procedure before the Court below by the Petitioner, the same shall be disposed of on the same day, in accordance with law. With this observation, this Criminal Petition is disposed of.
Misc. Crl.5181/2010 filed for stay is dismissed as it does not survive for consideration.