Telangana High Court
CRLP/15883/2026 of Shaik Arshad Aziz Vs The State of Telangana on 28 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 15883 OF 2026 Between: Shaik Arshad Aziz, Slo Shaik Aziz Pasha, Age. 31years, Address. 17C9 FN
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
MONDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 15883 OF 2026
Between:
Shaik Arshad Aziz, Slo Shaik Aziz Pasha, Age. 31years, Address. 17C9 FN 302
Sri Srinivasa palace appts., south Kamala nagar, Secunderabad, Hyderabad, Telangana 500062 represented by GPA Mohamad Rafi Uddin s/o lVlohammad Allauddin, Age. 56 years, address. H.No. 176 15164, pension lane, near govt girls high school, new bowenpally, secunderabad, Hyderabad, Andhra Pradesh 50001 1.
...Petitioner/Accused No.1 0
AND
1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad
2. Noor Jahan Begum, Wo Mohammed Sirajuddin, Age about 50 years, Occ.
Private Employee / Housewife, R/o. House No. 7-1-30417114, 20 LlcH (1)
Udaynagar Colony, Behind ESI Hospital, Sanjeevareddy Nagar, Hyderabad.
3. The Station House Officer, Woman Police Station (West Zone), Yousufguda, Hyderabad - 500045
4. The Commissioner of Police, Hyderabad City, Tower-A, ICCC Building, Road No. 12, Banjara Hills, Hyderabad - 500034.
... Res pon de nts/Com p laina nt
Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the non bailable warrant issued on 29-07 -2026 in CC No. 4206 of 2024, pending before the Xlll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad Woman Police Station (West Zone) for alleged offenses under sections:
498-A, 506 tPC,3, 4 DPA.
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--- 7
l.A. NO: 4OF 2026
Petition under Section 35S (2) of B.N.S.S. praying that in the circumstances stated in the affidavit filed along with the Petition, the High Court may be pleased to permit the Petitioners to be represented by their duly constituted Special Power of Attorney Holder in the above Criminal Petition and permit the said Special Power of Attorney Holder to sign, verify, file pleadings, affidavits, applications, vakalatnama and to do all such acts and things as are necessary for the effective prosecution of the case on behalf of the Petitioners.
l.A. NO: 3 OF 2026
Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all the further proceedings in the non bailable warrant issued on 29-07 -2026 in CC No. 4206 of 2024, pending before the Xlll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, Woman Police Station (West Zone) for alleged offences under sections: 498-4, 506 lPC, 3, 4 DPA.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd. Fasiuddin, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1, 3 and 4.
The Court made the following: ORDER
IN THE IIIGH COURT FOR TTIE STATE OF TELANGANA
AT IIYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.15883 of 2026
CNR.No.HBH C010589242026
Date:28.09.2026
Between:
Shaik Arshad Aziz
...Petitioner/accused No. 1 0
AND
The State ofTelangana and 3 others
...Respondents
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ORDER
This Criminal Petition is fi1ed by the petitioner, seeking to quash Non-Bailable Warrant (NBW) issued by the leamed XIII Additional Chief Metropolitan Magistrate, Nampally at Hyderabad (for short, 'trial Court') in C.C.No.4206 of 2024 on29.07.2026.
2. Heard Mr. Mohd Fasiuddin, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State. Notice in respect of respondent No.2 is dispensed-with on the ground that the petitioner is not seeking any relief against respondent No.2 and she was made as proforma respondent.
!-
3. Leanied counsel for the petitioner submitted that the petitioner is anayed as accused No.10 in CC.No.4206 of 2022 for the offences punishable under Sections 498-4 and 506 of the lndian Penal Code, 1860 (for short, 'IPC') and Sections 3 and 4 of the Dowry Prohibition Act. 1961 (for short 'the DP Act'). Leamed counsel further submits that in the absence of effective service of summons, the trial Court issued NBW against the petitioner on 29.0'7.2026. Unless the NBW issued against the petitioner is reca1led, the petitioner would be put to great hardship
4. When this Court raised a query about the maintainability of the present 'Crirainal Petition invoking the provisions of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'BNSS') seeking recall of the NBW when the petitioner is having statutory remedy to file appropriate application before the learned trial Court seeking recalling of the NBW exercising the powers conf'erred under Section 70(2) of the Cr.P.C/Section 72 of the BNSS. At this juncture, leamed counsel for the petitioner requested this Courl to grant liberty file appropriate application before the leamed trial Courl for to seeking recall of NB!V.
To
5. Learned Assistant Public Prosecutor has not opposed the submissions made by the learned counsel for the petitioner.
6. Taking into consideration the above said submission, without expressing any view in respect of the grounds pleaded in the present Criminal Petition, the petitioner is granted liberty to file appropriate application seeking recall of the NBW issued by the trial Court on 29.01 .2026. On filing such application, the triaL Court is directed to consider the same and pass appropriate orders in accordance with law within a period of two (02) days from the date of filing of such application.
7. Accordingly, this Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed. SD/- L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFTCER The Xlll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad. The Station House Officer, Woman Police Station (West Zone), Hyderabad. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to Sri Mohd. Fasiuddin, Advocate IOPUCI Two CD Copies
GNK
HIGH COURT DATED: 2810912026
ORDER
CRLP.No.15883 of 2026 DISPOSING OF THE CRIMINAL PETITION "6'{n i;{ 05 |l[r fl6 ) \r-r ..i' i..'i. \at dtp .i- ,/, ,1..