1. Shaikh Faizan v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the afJidavit filed therewith, the High Court may be pleased to issue and writ, order or direction more particularly one in the nature of writ of Mandamus under Article 226 of Constitution of lndia declaring the action of the Respondents in issuing Non Bailable Warrants (NBWS) against the Petitioner/A-S in CC.No.1 11012023 on the file of Honorable I Addl. Junior Civil Judge- Cum- lX Addl Metropolitan Magistrate of First Class, Kukatpallywithout following the procedure established by law as illegal, arbitrary and consequently direct the respondents not to execute the said NBW pending against the petitioner lA NO: 1 OF 2025 Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents herein not to execute the Non Bailable warrants (NBWs) issued against the petitioner in cc.No.11 1ot2o23 on the file of Honorable I Addl. Junior civil Judge- cum- IX Addl Metropolitan Magistrate of First class, Kukatpally, Hyderabad by suspending the operation of the said NBW issued against the petitioner, pending disposal of this writ petition Counsel for the Petitioner: SRI S. M. SAIFULLAH Counsel forthe Respondent Nos. 1to3: SRI R. LAXMIKANTH REDDy, AGP FOR HOME Counsel for the Respondent No.4: SRI MANGULAL, SC FOR CENTRAL GOVERNMENT BUREAU OF IMMIGRATION AUTHORITY OF INDIA Counsel for the Respondent No.5: - The Court made the following: ORDER l I HONOURABLE SRI IUSTICE B. VIIAYSEN REDDY WRIT PETITION No.2185 OF 2025 . ORDER: (ORAL) This writ petition is filed seeking to declare the action of the respondents in issuing Non-Bailable Warrants (NBWs) against the petitioner/accused No.5 in C.C. No. I 110 of 2023 on the file of the leamed I Additional Junior Civil Judge-cum-lX Additional Metropolitan Magistrate of First Class, Kukatpally, as being illegal, arbitrary and unconstitutional.

2. I'leard Mr. S. M. Saifullah, learned counsel foi the petitioner; Mr. Mangulal, leamed Standing Counsel for Central Covernment, appearing fbr respondent No.4 - Bureau of Immigration, lmmigration Authority of India; and Mr. R. Laxmikanth Reddy, learned Assistant Govemment Pleader for Home, and perused thb material on record. Learned counsel for the petitioner submitted that the petitioner is

3. accused No.5 in C.C. No. 1110 of 2023 on the file of the learned I Additional Junior Civil Judge-cum-lX Additional Metropolitan Magistrate of First Class, Kukatpally (for short 'leamed Magistrate') arising our of crime No.696 of 2021 registered with Madhapur Police Station for the offence punishable under Section 420 read with Section 34 I I 2 of the Indian Penal Code (lPC) and Section 66C and 66D of the Information Technology Act, 2000 and NBWs have been issued against him in the said casc. It is submittcd that the petitioner had l>een residing in Dubai, UAE, since rnany years even prior to the registration of the above said crime. Thc petitioner intends to appear before the learned Magistrate and he is wilting to face trial in C.C. No. ll10 of 2023. The petitioner apprehends that he will be detained by the Immigration authorities at the International Airport on his arrival at I{yderabad due to the NBWs issued against him. Learned counsel submitted that the petitioner is ready to cooperate with the trial in the above said case and would seek recall of the NBWs issued agairrst him by filing appropriate application before the learned Magistrate.

4. Learned Standing Counsel for respondent No.4 submitted that as per his instructions, there is no LOC issued against the petitioner.

5. According to the learned counsel for the petitioner, so far, there is no information about LOC being opened against the petitioner.

6. As it is submitted by the leamed counsel for the petitioner that the petitioner had been residing in Dubai even prior to registration of crime No.696 of 2021 and that he is willing to appear before the learned J Magistrate and cooperare with the trial in c.c. No.llr0 of 2023 and file appropriate application seeking recall of warrants, the NBWs issued against the petitioner in c.c. No. l l l0 of 2023 shall not be executed for a period of two (2) weeks from the date of receipt of a copy of this order. within this period, the petitioner shall appear before the rearned Magistrate and file application seeking recall of NBWs issued against him and the same shall be disposed of within a period of two (2) days thereof. 7 Accordingly. this writ petition is disposed of. There shall be. no, order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// SD/.L.LAKSHMI BABU T REGISTRAR ASSIS TION OFFICER I I To,

1. The Principal Secretary, Home Department, Secretariat, Hyderabad, Telangana.

2. The Commissioner of Police, Cyberabad Commissionerate 3. lnspector of Police, PS Madhapur, Cyberabad. 4. Th6 Bureau of lmmigration, lmmigration Authority Of India Rajiv Gandhi lntemational Airporl Shamshabad Hyderabad

5. One CC to SRl. S. M. SAIFULLAH, Advocate TOPUCI 6. One CC to SRl. MANGULAL, SC FOR CENTRAL GOVERNMENT BUREAU OF IMMIGRATION AUTHORITY OF INDIA [OPUC]

7. Two CCs to GP FOR HOME ,High Court for the State of Telangana at Hyderabad [OUT] B. Two CD Copies B M /BSK I I HIGH COURT DATED:2710112025 ORDER WP.No.2185 of 2025 EHt1 t:1,( 4' t' 14 FEB 20fi * -i r ti{;t, DISPOSING OF THE WRIT PETITION WITHOUT COSTS oS*(