The High Court · 2025

Petition under Section 482 of cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminat Petition, the High court may be pleased to call for the entire records relating to crl.MP.No.1770 of 2023 in cc No.284 of 2018 now cc.1925 of 2O24, pending on the file of Learned xv Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad. l.A. NO: 1OF 2023 Petition under section 482 ol cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings in C.C. No 2B4 of 2018 now CC 192512024 pending on the file of learned xv Addl. chief Metropolitan l\Iagistrate, Nampally, Hyderabad, pending quash petition in the interest of justice' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petiiion and upon hearing the arguments of Mr. Mohd. Adnan, Advocate for the Petitioner and the Mr. M. Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent No.1 and of Mr. Mirza Nisar Ahmed Baig Advocate for the Respondent No.2 The Court made the following: ORDER _,) THE HONOURABLE SRI JUSTICE J. SREE]IIVAS RAO CRIMINAL PETITION No.581O of 2rD23 ORDER: This Criminal Petition has been fiied und:r Section 482 of the Code of Criminal Procedure, 1973, ( br short, 'the Cr.P.C.') aggrieved by the order passed by tf c learned XIII Chiel Metropolitan Magistrate, Mahila Court, H1'dcrabad, in Crl.M.P.Nc.177O ol 2023 rt C.C.No.284 of 2018, clated

26.01 .202:1, to the extent of imposing condition of surrender the passprrrt ol the petitioner/ accused No. 1, ri,hilc recalling Non-Baiiable Warrants (N.B.Ws.) pending againr;t him.

2. Heard Mr. Mohd. Adnan, learned co -rnse1 for lhe petitioner/ accused No. l, Mr.Mirza Nisar Ahmerl tsaig, learned counsel for respondent No.1 and Mr. M. Vivek rnanda Reddy, learned Assistant Public Prosecutor appeal-ing for rcspondent No.l State.

3. l,earrred counsel for the petitioner subnritted that the petitioner is accused No. 1 in C.C.No.284 of 20 18 for the offences under Sections 498-A and 42O of th: Indian Penal Code, 186t1, and Section 4 of the Dowry Prohibrtion Act, 1961. The learned Magistrate had issued N.B.Ws. against the 2 :,!*+,.--, i petitioner on 28.O2.2023. The petitioner filed Crl.M.p. No.1770 of 2023 seeking to recall the N.B.Ws. issued against him. The learned Magistrate, while allowing the said petition, imposed onerous condition directing the petitioner to surrender his passport before the Court on his arrival. He also submitted that the petitioner has not received the sLlmmons in C.C.No.284 of 2018. In the absence of summons, learned Magistrate issued N.B.Ws. against him and the same is contrar5r to 1aw.

3. 1 . He further submitted that the petitioner is doing employment in Saudi Arabia and recently he came to India to see his father, who is suffering with ill-health. If the above said condition is not relaxed, the petitioner is unable to travel to Saudi Arabia to do his employment and he will put to great hardship. The petitioner is ready and willing to appear before the learned Magistrate during the course of examination under Section 313 Cr.P.C. and at the time of pronouncement of judgment in C.C.No.284 of 2018. The petitioner is also ready to. appear before the learned Magistrate on each and every adjournment through video conference and his counsel will appear on each and every adjournment before the learned \- -l' -t' :-6 ,ir' "::l-strrt, / J Magistratt: to prosecute the proceedings. Tre petitioner is ready ancl willing to furnish the sureties an 1 also give an undertaking belore the learned Magistrate.

4. Per con.tra, Iearned counsel for respondent No.2 submitted that the learned Magistrate, whil,: allowing the recall pet.Ltion uide CrI.M.P.No. I77O of 2023, directed the petitioner to appear before the Court within three months i.e., ott 26.07 .2023 and on his arrival, he shall surrender his passport treforr: the Court. The petitioner ha:; not appeared physically till date arrd not surrendered his 6 assport before the learned Magistrate, as directed. Hence, tl re petitioner is not entitled to seek relaxation of the said condit on.

4.1. He further submitted that the petiti,)ner has not quest.ionec the issuance of N.B.Ws. issued t y the learned Magistrate da.ted 28.02.2023. On this co rnt also, the petitioner is not entitled to contend in the pr esenr criminal petition ttLat issuance of N.B.Ws. against th,: petitioner is contrary to larv. Hence, the criminal petition is liable to be dismissed. ./ 1

5. During the course of hearing,.it is submitted by the learned counsel for respondent No.2 that during pendency of this criminal petition, C.C.No.284 of 20 18 was transferred to the Court of XV Additional Chief Metropolitan Magistrate ancl the same was re-numbered as C.C.No. 1925 of 2024. 6 . Learned counsel for the petitioner submitted that the petitioner may be permitted to amend the case number and also the court name.

7. To substaltial justice to the parties, the petitioner is granted permission to amend the case number and court name.

8. This Court considered the rival submissions made by the respective parties and perused the material available on record. It is not in dispute that the learned Magistrate had issued N.B.Ws. against the petitioner on 28.02.2023 and the petitioner hled petition for recalling of N.B.Ws., uide Crl.M.P.No.l77O of 2023, invoking the provisions of Section 70(21 of the Cr.P.C. The learned Magistrate while allowing the petition on 26n4.2023 imposed three conditions and condition No.(i) is that the petitioner shall appear before the 5 Court wit.hin three months i.e., on 26.O7.2023 and on his arriva-l, he sha11 surrender his passport before tlris Court.

9. It is also not in dispute that the petil ioner has not complied with the above said condition im posed by the learned Mrlgistrate. However, the petitioner ayrproached this Court and filed the present criminal petition ouestioning the above said condition imposed by the learned M lgistrate dated

26.O4.2023.

10. Evcn according to the charge sheet, th,: Investigating Officer filed charge sheet by recording the staterrents of LWs.l to 7 and even according to the pa-rties, C.C.No.2935 of 2024 is coming up for examination of LW. 1 and the presence of the petitioner is not very much required at this stage, especiallv the learned counsel for the petitioner subm ttted that thc petitioner rvill appea_r physically during tlre course of examination ur-rder Section 313 of the Cr.P.C. and at the time of pronouncement of the judgment in the said C C. 1 1. It is pertinent to mention that the petitioner had not questioned the issuance of NBW dated 28.02.2023 against him in the present case. Hence, this Court is :rot inclined to 6 rl|i:: deal with the submissions made by the learned counsel for the petitioner that the learned Magistrate in the absence of service of summons to the petitioner, issued N.B.Ws. However, the petitioner filed this criminal petition to the extent of imposing condition of surrender of passport before the iearned Magistrate.

12. Taking into consideration the pecutiar facts and circumstances of the case, the condition No.(i) imposed by thc learned Magistrate in Crl.M.P.No. 177O of 2023 dated

26.O4.2023 is relaxed on the following conditions. (i) The petitioner/ accused No. 1 shall execute a personal bond for a sum of Rs.1,OO,000/ (Rupees One Lakh only) with two sureties for a like sum each lo the satisfaction of the XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, within a period of one week from today. (ii) The petitioner/ accused No.1 shall appcar before the learned Magistrate on each and every adjournment through video conference and he shall represent through his counsel before the learned Magistrate. (iii) The petitioner/accused No. I shall file an undertaking/affidavit before the learned Magistrate that he will appear physically at the 7 his examination tirnt: SecLion 313 ol the Cr.p.C. and at ths time of pronouncement of the judgment in C.O.No. 1925 of 2024 . (iu) In dcfault o[ any of the above said condrtions, the learncd Magistratc is entitled to procee( with Lhe mirttor, in accordance with law. 1 3. With thc above said directions, the Crim inal petition is disposed of Miscellaneous applications, pending if ar ry, shall stand closed 5d/-u SUDHA ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY// To,

1. The XV Addl Chief Metropolitan Magistrate, Nampall 1, Hyderabad' 2. The Static,n House Officer, WPS, CCS, Police Statior, Hyderabad District' 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

4. One CC tc, Mr Mohd. Adnan, Advocate [OPUC] 5. One CC tc, Mr. N4irza Nisar Ahmed Baig, Advocate [OF'UC] 6. Two CD Copies Karn/ABK \q- HIGH COURT DATED:2610912025 ORDER C) () { qFr?m c J L CRLP.No.5810 of 2023 * 'ir ,^\ 'az\\ *.,,, :r. ,)' DISPOSING OF THE CRIMINAL PETITION o (eD w ,\1\ O,./