The High Court · 2025

Petition under Section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Orders dated 29i1 1/2024 passed by the Principal District and Sessions Judge, Nirmal, FAC. Special Judge, Fast Track Special Court For Expeditious Trial and Disposal of Rape And POCSO Act Cases, Nirmal in Crl .M.P.No. 151 of 2024 in S.C.(POCSO) No.54 of 2022 and re-call the N.B.W. dated 1810712024 issued against the Petitioner/ Sole Accused and pass l.A. NO: 2OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to suspend the operation and execution of N.B.W. dated 1810712024, issued against the Petitioner/ Sole Accused in S.C.(POCSO) No. 54 of 2022 on the file of Special Judge, Fast Track Special Court For Expeditious Trial and Disposal of Rape And POCSO Act Cases, Nirmal and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. B. Balaji, Learned counsel, representing Mr. R. Mangulal, Advocate for the Petitioner and of the, Mr. Jithender Rao Veeramalla, learned Addl. Public Prosecutor on behalf of the Respondent No.1 and none appears for Respondent No.2. The Court made the following: ORDER t I I t ! I I THF: HI )NOURABLE SRI JUSTICE N.TUKARAM.II CRIMINAL PETITION No.3721 OF 2025 ORDER This Crrnirral Petition is filed under Section 52fl of Bharatiya Nagarik Suraxsh:r Sanhita, 2023 (for short 'BNSS' 1101r:3') seeking quashment of tn( Order dated 29 112024 in Crl Ml P No l5l of 2024 in S.C. (POCSO) N:' 54 of 2022, on the file of the learned Sprecial Judge' Fast Track Speci :l Court for Expeditious Trial and Disposal of Rape and POCSO Act li rses, Nirmal, and recall the Non-Bailallle Warrant dated 18.07.2r1i22 issued against the petitioner'

2. The petiti< ner is sole accused facing charges rn'ler Sections 354(D),448 of th: lndian Penal Code, 1860, Section 11 reac with Section 12 of the Prote,:t rn of children from Sexual offences Acl 2',)12 (for short 'POCSO Act')

3. The relevant case facts in brief are that in the Polir;e Report it has been alleged tha the petitioner/accused used to stalk the vit:tim/minor girl andon20,la2o2lthepetitioner/accusedtrespas;stldintothe victim/minor r;irl'; house. Pending the Sessions Case llrc'ceedings' on 1g.o7.2024, the trial court had issued Non-Bailable warrant against the petitioner/accuse ri as he remained absent for the proceedings' Whereupon the tetition filed under Section 7O(2) o't the Code of Crimj1a! I I I I I j i, I 2 Cr/.P.No. )721 of 2025 Procedure vide Crl.M.P.No.'151 of 2024 to recall N.B.W. The trial Court having considered the submissions by observing that the petitioner/accused had failed to submit any medical record in support of his claim dismissed the petition

4. Heard Mr.B.Balaji, learned counsel, representing Mr.R.Mangulal, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1- State

5. Learned counsel for the petitioner would submit that at relevant time, the parents of the petitioner suffered ill-health and even bed ridden and even in that course his father has passed away on 15.10.2024 Though these aspects were pleaded, the trial Court has disbelieved for want of medical proofs. Further, pointing to the photocopy of death certificate, pleaded that as the documents were not available by the date of petition, they were not placed before the trial Court. But for that reason, the absence of the petitioner neither willful nor wanton or to cause any inconvenience in the proceedings. Thus, prayed for intervention. He pleaded that the petitioner was on bail at relevant period and was personally appeared in the proceedings and all the while he . appeared on every adjournment I i ! I I t --7 a J N]R,/ t.: .P.No. )721 of 2025

6. Learned i rdditional Public Prosecutor would submit that though the petitioner has sated about the situation of ill-health of hi:; parents and death of his f at'er, the relevant documents were not plac:ed before the Court, Thus he trial Court had a reason to disbeliev,a the version pleaded by the petitioner. Further, admitted that till issua'rce of N.B.W the petitioner rnri r; on bail.

7. I have cr nsidered the submissions of the learned counsel and perused the rral:rrial on record I I

8. While oo rsidering the petition for recall of N.El.V,/, the Court concerned is e) pected to objectively examine the reason forwarded by the petitioner E ven before the trial Court, the petitioner har,; pleaded that during the re,k:vtnt period the parents of the petitioner had suffered ill- health and in ti€t course his father has passed away on 1S lr0.2024. The photocopy of he document is reflecting the petitior er's version. Although, these ;rounds were pleaded, in the absence of documents, the trial Court der:lin :d to accept the pleading. However, having regard to the facts that there rs substance in the pleadings of the petitioner for his absence on the relevant date and as the petitioner was 01 bail and to extend one nrc'e opportunity, recalling the NBW date<: 1g.07.2024 against the periti :ner is found proper. However, subject to direction that I I I ; I I 4 AiI&/ Clr/.P.No- 3721 oJ 2025 the petitioner/accused shall be present before the trial Court on all adjournments, except with the Court's sanction. Accordingly, ordered.

9. Resultantly, this Criminal Petition is allowed. The impugned order dated29.11.2024 is hereby quashed Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER To

1. The Principal District and Sessions Judge, Nirmal, FAC. Special Judge, Fast Track special court For Expeditious Trial and Disposal of Rape And pocso Act Cases, Nirmal

2. The Station House Officer, Bhainsa Town police Station, Nirmal District. 3. One CC to Sri R. Mangulal, Advocate IOPUCI 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. BJLB/SWT I J I HIGH COURT DATED:18/03/202s ORDER CRLP.No.3721 of 20 15 CRIMINAL PETITIOI' IS ALLOWED z= /€i*r S'A r4: Y .J U , z a 4" I 21 tll' 296 * ,it \..: _,' '1', 1 :'