lVlahesh Ramdaspally v. 1. The State of Telangana

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 Suspend, the operations of warrant dt.O6.O2.2O2S passed by Hon,ble ll Additional l/etropolitan session Judge cum XV Additional Metropolitan Session Judge, Kalpataru Complex, City Civil Court, Hyderabad, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI AJAY KUMAR MADISETTY Counsel forthe Respondent Nos.1 to 3: GP FOR HOME Counsel forthe Respondent Nos.4 and 5: SRI GADI PRAVEEN KUMAR, DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.5 and 6:--- The Court made the following: ORDER :'- ORDER: THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ P ion No. 7711 of 2025 Heard learned Senior Counsel appearing on behalf of the petitioner, learned Government Pleader for Home appearing for iespondent Nos.1 to 3 and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent Nos.4 and 5 and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Having regard to the manner of disposal of the Writ Petition at the admission stage and the /s involved, this Couft is of the view that notice to unofficial respondent No.6 is not necessary for adjudication of the present Writ Petition.

3. This Writ Petition is filed to declare the action of respondent Nos.4 and 5 in trying to arrest the petitioner pursuant to issuance of Non- bailable Warrant/Notice dt.06.02.2025 by the II Additional Metropolitan Sessions Judge-cum-XV Additional Metropolitan Sessions Judqe, Kalpataru Complex, City Civil Court, Hyderabad, in Crl.M.P.No.B41 of 2023 in M.C.No.4 of 2023, as being illegal, arbitrary and violative of Articles 14, 2L, and 300-A of the Constitution of India and consequently, permit the petitioner to contest M.C.No.4 of 2023 by paying arrears of maintenance amount to respondent No.6. 2

4. When the Writ petition is taken up for hearing, learned Senior counsel appearing on behalf of the petitioner fairly submits that the petitioner has been advised to crear the arrears of maintenance charges payable to the 6th respondent pursuant to order of the Family Court. 5. Learned Senior Counsel would further submit that the petitioner has already filed a petition to recall the NBW issued by the Court upon payment of the maintenance amount as awarded by the Family Court. 6' Learned senior counser wourd further submit that if this court were to direct the concerned Family court to consider the aforesaid recall petition in an expeditious manner, the grievance of the petitioner wourd stand redresserd.

7. Learned DSGI and learned Government pleader for Home appearing for the officiar respondents with equar Fairness submit that if the petitioner compries with the order of the Famiry couft by depositing the maintenance charges, and on the Family Couft recalling the warrant issued, the respondents-authorities would not take further action by arresting the petitioner. B I have taken note of the respective contentions urged.

9. Having regard to the submissions made as above, without expressing any opinion on the merits of the matter, as the petitioner has I , 3 now asseted before this Court his willingness to pay the maintenance amount as directed by the Family Court, and also having already filed a petition to recall the NBW dt.06.02.2025, this Court is of the view that the II Additional Metropolitan Sessions Judge-cum-XV Additional Metropolitan Sessions Judge, Kalpataru Complex, City Civil Court, Hyderabad, can be requested to dispose of the aforesaid recall petition at the earliest preferably within a period of two weeks from the date of receipt of a copy of this order. I I

10.. - Upon the Cout below recalling the Non-bailable Warrant/Notice, the respondents shall take steps to inform the concerned authorities ofthe warrant having been recalled and thus, securing the presence of petitioner by arresting him not being warranted.

11. Subject to above observation and direction, the Writ Petition is disposed of. No order as to costs.

12. Miscellaneous petitions, if any, pending in this writ petition shall stand closed I To, //TRUE COPY// SD/-A. SRINIVASA REDDY SISTANT REGISTRAR SECTION OFFICER l.TheStateofTelangana,Rep.byitsPrincipalsecretary,HomeDepartment' Secretariat Building, Hyderabad, Telangana State'

2. The Commissioneiof Police, Cyberabad Commissionerate, Medchal- Malkajgiri District,Telangana State. e. fne Siition House Officer, Police Station Jeedimetla, Jeedimetla, Medchal- 4. The Niinistry of ExternaiAffairs, CpV Division, patiala House, Tilak Marg, New Malkajgiri District,Telangana State. Delhi, lndia.

5. The Ambassador, The lndian Embassy, Oman, Muscat' 6. One CC to Sri Ajay Kumar Madisetty, Advocate IOPUCI 7. Two CCs to GP ior Home' High Court for the State of Telangana, at Hyderabad [OUT]

8. One CC to Sri cadi Praveen Kumar, Deputy Solicitor General of lndia[OPUC] 9. Two CD Copies *' \ HIGH COURT 1 DATED:1310312025 ORDER WP.No.7711 of 2025 H't E Ro( 14 1EAPfru r" f ? T i-;o t DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ .h,'