Sudhakar Narasimha Lakkaraiu. S/o. Janaki Ramaiah v. Gachibowli, Cyberabad

1. The State of Telangana, Rep by its Principal Secretary, Home Department, 2. The Commission6r oi Police, Cyb6rabad Police Commissioner Office' 3. The Station H6use Officer. Police Station KPHB, Kukatpally' Cyberabad. 4. Yalavarthi Nagamalleswara Rao, S/o. Yalavarthi Aljgleyulu Aged a_t'o_tlt 40 Yrs, Occ Privite Employee Fi,/o. 8-3-2311C1259,.Sri Krish.n-a Nag.ar, C.Block, Near Yousufguda, Venkatagiri, Jubilee Hills, Hyderabad-045. (Last Known correct Address) ...RESP.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to pass an order or direction or writ, more particularly in the nature of WRIT OF MANDAI/IIJS declaring the inaction of 2nd and 3rd respondent in executing Non-Bailable Warrants against respondent no.4 and arresting him in CC No. 149912017 (406, 420 and 506 of IPC case) pending on the file of Honourable lV Addl. Junior Civil Judge-cum-XV Addl. Judicial Magistrate of First Class, Kukatpally and also in Crl. Appeal No. 42Ot2019 on the file of Hon'ble lll Addl. District and Sessions Judge, Kukatpally (convicted in 138 Nl Act case) as illegal, arbitrary and violation of fundamental rights provided under lndian Constitution and consequently direct the 2nd and 3rd respondent to expeditiously execute NBW against respondent no- 4 in supra mentioned TWO criminal cases forthwith, in the interest of justice t lA NO: 1 OF 2025 Petition under Section 15'l 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 2nd. and 3rd respondent to expeditiously execute NBW against respondent no.4 issued in CC No. 149912017 pending on the file of Hon'ble lV Addl. Junior Civil Judge-cum-XV Addl. Judicial Magistrate of First Class, Kukatpally and also in Crl. Appeal No. 42012019 on the file of Hon'ble lll Addl. District and Sessions Judge, Kukatpally, in the interest of justice Counsel for the Petitioner: SRl. CH VENKAT REDDY Counsel for the Respondent Nos. 1to3: GP FOR HOME Counsel for the Respondent No.4: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 9619 of 2o25 ORDER: Heard learned Couisel for the _ petitioner, learned Government Pleader for Home appearing for the official respondent Nos.1 to 3, and wirh the consent of the learned counsel appearing for the respective parties, the writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manncr of disposal o[ the Writ petition and the nature of lis involved, this Court is of the view that notice to unofficial respondent No.4 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, thc case of the petitioner, in brief, is that though non-bailable warrants(NBW) are pending for execu[ion against the unofficial respondent No.4 in connection with CC.No.l499 /2017, respondent Nos.2 & 3 are not taking effective steps to ensure execution of the NBWs pending against the said respondent by arresting him, which action of the respondents_ authorities it is contended as highly arbitrary and in illegal, dereliction of duties. ---i 2

4. Per contra, learned Government Pleader appearing on behalf of respondents-authorities would submit that while C.C.No. 1499 of 2Ol7 filed against the unofficial respondent is pending on the file ol IV Additional Junior Civil Judge-cum-Xv Addl. Judicial Magistratc of First Class, Kukatpally, the conviction recorded against the 4rh respondent uide judgment in CC.No.524 of 2Ol7 on the file of III Special Maglstrate, Kukatpally at Miyapur, filed for the offence undcr Section 138 of NI Act, has been conhrmed in Criminal Appeal No.429 of 2OI9 on the file of rhe III Additional District & Sessions Judge, Kukatpally and issued NBWs against the unofhcial respondent/appellant therein.

5. Learned Government Pleader would further submit that thc authorities have executed NBWs issued against the unofficial rcspondent in connection with aforesaid Appeal on 31.O3.2025 and he rvas arres[ed and produced before the concerned Magistrate to undergo the conviction recorded against him in CC.No.524 of 2Ol7 on the file of III Speciai Magistrate, Kukatpally at Mivapur.

6. Learned Government Pleader would further submit that since, lhe 4th respondent has already been apprehended to undergo conviction recorded against him, the authorities are taking stcps to serve NBWs pending against him in CC.No .1499 of 2Ol7 by obtainiltl$f-recessary P.T.Warrants. 3 7 I have taken note of the respective submissions made.

8. Having regard to the submissions made as above, though this Court in exercise of jurisdiction under Article 226 of Lhe constitution of India cannot direct the responden [s-authorities to secure arrest of a person, since, Cr.p.C./BNSS provides for a comprehensive mechanism to declare a person absconding or avoiding NBWs as proclaimed offender including attachment of his properties and auctioning the same, however, taking note of the submission made by the learned Government pleader that the respondents-authorities having executed NBWs against, the unofllcial respondent herein by arresting him on 31.03.2025 in connection with Criminal Appeal No.42O/2019, and producing him before the concerned Magistrate and thereafter being sent to judicial custody to undergo conviction recorded against him tn CC.No.524 of 2017, the grievance of the petitioner in the present Writ Petition stands redressed. Further, taking nore of the submission made by the learned Government pleader to this Court that the authorities are taking steps to execute NBWs issued against the unofficiar respondent in connection with cc.No. 1499 of 2017 by obtaining P.T. Warrants, this Court is of the view that lhere is no necessity to pass lurther orders in the present Writ Petition. .l 4 -}

9. Accordingly, the Writ Petition is closed. No order as to CoStS.

10. Consequently, miscellaneous petitions, if any, pending shall sLand closecl /ITRUE COPY// SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR - \]1)ul/, K {)(.( _ SECTI.ON bFTICEN To, l.ThePrincipalsecretary,HomeDepartment,secretariatBuildingsHyderabad Telangana Gachibowli, CYberabad

2.TheC"ommissionerofPolice,CyberabadPoliceCommissionerOffice, 3. idSAi6; n6rteofficer, Police Station KPHB, K-ukatpallv' Cvberabad' +. o"L-cCt" sRl. cH. VENKAT REDDY, Advocate [OPUC] . d. i;; ccsio FoR HoME ,High court for the state of Telangana at 6. Two CD CoPies Hyderabad [OUTI -cp BM LS ,t,/ HIGH COURT DATED:01 tO4t2O2S ORDER WP.No.9619 of 2O2S +J o o ( * IH€ s T4 20 t4t4y ZrJZ1 ((\( ?_ 6sp/rT. r l€ i/ CLOSING THE WR|T PETITION WIHOUTCOSTS 4 //t ,/s z<5 I