CRLP/17180/2026 of Md Abdul Waheed, Vs The State of Telangana, on 15 October 2026

ORDER

This Criminal Petition is hled aggrieved by the order dated 07.01 .2226passed by the leamed VII Additional Chief Judicial Magistrate, at Hyderabad' in Crl'M'P'No'1082 of 2026 irt C.C.No.9341 of 2O2l' wherein the petition filed by the petitioners seeking to recall the Non-Bailable Warrant (NBW) issued against them was dismissed'

2. Heard Mr'Mohd Muzaferullah Khan' leamed counsel for the petitioners and Mr'Jithender Rao Veeramalla' leamed Additional Public Prosecutor for respondent No'1'

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3. Notice in respect of responclent No.2 is dispensed with solely on the ground that the pelitiqners are not seeking any relief against responclent No.2 and is oniy seeking recall of the NBWs issued by the learned trial Court.

4. Leamed counsel for the petitioners submits that the petitioners are accused Nos.l to 3 in C.C.No.9 341 of 2021 and are facing prosecution for the offences punishable under Sections 448, 324 and 506 riw 34 of the lnciian penal Code, 1g60 (for short, "IpC,,J. He frri-rher submits that due to unavoidable clrcumstances" the petitioners could not appear before the leamed rial Court, pursrrant to lr.hich the leamed trial Court issued NBWs against them on 05.06.2026. Ihereafter, the petitioners filed petition vide Crl.M.p.No.10g2 of 2026 vnd,er Section 70(2) of the Code of Criminal procedure, 1973 (for short, "Cr.P.C.,,), seeking the recall of the NBWs issued against them. However, the leamed trial Court, without properly considering the contentions ra-ised by learned counsel tor the petitioners, dismissed the said application on 07.O7.2026 and the Same iS contrary to law' He further submits that the petitioners

---- J are ready and willing to appear before the leamed trial Court and they are abide by the conditions which are going to be imposed by this Court. He also submits that the petitioners will represent the matter through their counsel and appear before the leamed trial Court as and when required. Unless the NBWs are recalled, the petitioners will be put to great hardship.

5. Per contra, learned Additional Public Prosecutor submits that the matter is posted for examination of the petitioners and their presence is very much necessary. He further submits that the petitioners failed to appear before the trial Court on several occasions and, therefore, the leamed trial Court rightly issued NBWs against them. He further submits that even at the time of filing the petition, the petitioners were not present before the trial Court and the leamed trial Court rightly dismissed the application. Hence, there are no grounds to interfere with the docket order passed by the leamed trial Court.

6. Having considered the rival submissions made by the learned counsel for the respective parties and upon perusal ofthe material available on record, it reveals that the petitioners are -

accused Nos.l to 3 in C.C.No.934l of 2021 and are facing prosecution for the offences punishable under Sections 448,324 and 506 rlw 34 of the IPC. The record further reveals that the matter before the trial Court is posted for examination of the accused and it has undergone several adjoumments slnce 28.11.2023. On05.06.2026, the trial Court issued NBWs against the petitioners. Thereafter, the petitioners filed petition seeking recall of the NBWs, which was dismissed by the leamed trial Couft on 07.07 .2026 on the ground that no satisfactory reasons hacl been stated in the said petition. 7 . During the course of hearing, leamed counsel for the petitioners submits that the petitioners are ready and willing to appear before the trial Court on 21 .10.2026 firr their exarnination. He further submits that the petitioners will appear before the trial Court on all subsequent dates of hearing and represent the matter through their counsel on each and every date of adjoumment.

8. Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to recall the

NBWs issued against the petitioners on 05'06'2026' Hence' the impugned order dated 07.07 '2026 passed by the leamed trial Court is liable to be set aside and is accordingly set aside'

9. In view of the above, the NBWs issued against the petitioners on 05.06.2026 are recalled, subject to the following conditions: i) The petitioners shall execute a personal bond for Rs.15,000/- (Rupees fifteen Thousand only) each, with two sureties to the satisfaction of the leamed trial Court. iD The petitioners shall file undertaking affidavit before the trial Court that they will appear before the trial Court whenever their presence is required, and also they shall represent the matter through their counsel each and every date of adjoumment, in default, the leamed trial Court is entitled to proceed with the matter, in accordance with law. .=-.

i0. Accordingiy. the Criminal Petition is disposed of. Pendilg miscellaneous applicatior,s. if any, shall stand c iosed. SD/. MOHD. OSMAN ALI BAIG, ASSISTANT REGISTRAR //TRUE COPY// ./k" To pr SE FFICER 'l . The Vll Additional Chief Judicial Magsitrate at Hyderabad.

2. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

3. One CC to Sri. Wajid Mohd Abdul Waheed, Advocate [OPUC]

4. Two CD Copies ry

HIGH COURT DATED: 1511012026

ORDER

CRLP.No.17180 ot 2026 --.r.-a ,.u S -/r'l'E

o i ocl2m 3 d1 o a..- + ,-() t 'n DISPOSING OF THE CRIMINAL PETITION Jt( Iw :il\d Y * \