The High Court · 2025

2. Smt. tt/aggidi Laxmi, W/o. Chinna tt/allaiah, Aged 38 years, Occ. Beedi Roller, Rl/o Sathanpelly Village, Khanapur Mandal, Nirmal District. ...RESPONDENTS/COMPLAINANT 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 impugned proceedings in impugned S.C. (POCSO) No.22 of 2020 on the file of the Special Judge, Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Nirmal, in so far as petitioner/ accused No. 1 are concerned. l.A. NO: 2OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the fi/emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in S.C. (POCSO) No.22 oI 2020 on the file of the Special Judge, Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Nirmal, including arrest, attendance and appearance of the petitioner i accused No. 1, pending disposal of the above Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramesh Kadari, Advocate for the Petitioner and Sri Arun Kumar Dodla, Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Gourt made the following: ORDER r) THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION NO.16273 OF 2024 ORDER: This C -iminal Petition is hled by the petitiorrt:r praying the Court to q'.rash the proceedings against the petitioner in S.C.(POCSO) No.22 of 2O2O on the file of Speci,J Judge, Fast Tack Specia. Court for Expeditious Trial and Dir;posal of Rape and POCSO ,\c1 Clases at Nirmal.

2. Heard Sri Ramesh Kadari, learned corr nsel for the petitioner ar rd Sri D.Arun Kumar, learned Adrlitional Public Prosecutor a rpearing for respondent-State.

3. The cc nten[ion of learned counsel for the p<:titioner is that a case was registered against the petitioner for the offences punishable r rnder Sections 448, 354-8 r /w. 34 of Indian Penal Code and under Section 8 of Protection of Childrt:n from Sexual Offences Act,2012. The petitioner was released on bail by the police. The petitioner herein has been working rrL United Arab Emirates anrl as he is employed in other countr5., he could not attend the C ourt in the said POCSO case. It is irlso contended 2 . that as the passport bearing No'L74OO931 of the petitioner has expired on 18.02-2024, he made an application for renewal of the same, but it was kept on hold due to the pendency of the above criminal case. Thereafter, petitioner hied CrI M P'No'125 of 2025 in the said POCSO case, seeking permission for renewal of passport, but the same was dismissed' NBW was issued and directions are also issued for issuing Look Out Circular and proceedings under Section 82 and 83 of Cr'P C' are also issued' Petitioner did not attend the Court and without permission of the Court he left india by suppressing the criminal case and did nottakeStepstocometolndiabeforeexpiryofpassportto attendtheCourtandhedidnotassignanyreasonwhyhecould not come to India before expiry of passport and why he did not appear before the Court' Aggrieved by the order in Cr1.M.P.No.12 5 ol 2025, petitioner filed Crl P'No 13524 of 2024 before this Court and this Court remanded the matter to the trial Court to consider the application of petitioner for renewal of passport for a specihc period of one month and upon renewal of passport, petitioner was also directed to appear before the trial Court within a couple of days after arrival' surrender before the trial Court and file appropriate application for recall of warrant' , / f 3 \

4. Learnr :l counsr:l further contended that even tl-rough there is a dir t'clion fron-r this Court, petitioner ha:; not appeared before this C rurl and the reason assigned is that ll-re police may arrest him, tlre momenl. he comes to Court. The [,etitioner came to India in |'ovember 2024 and till today he ha-. not appeared before the Cr urt- <luc to threat of arrest. As such, requestcd the Court to st-rsncncl the NBW issued against the petitioner.

5. Learncl r\dditional Public Prosecutor rvould submrt that petitioner m, Lr Ille application for recall of NBW issucd agair-rst him.

6. Consic lrir-rg the submissions made by the [<.arned counsel for petitionr:r . thr: S.C (POCSO) No.22 of 2O2O is o[ the ycar 2O2O and til today, pr:titioner herein has not al)l)earcd before the Court anrl no charges are framed against hirn. Hencc, the petitioner is :lirected to appear before the trial C trrrt and file a fresh application lor rr:call of NBW issued against Lrim within 10 days from tht' clate of receipt of copy of this ord<.r. Further the NBW issued irgzrinst the petitioner is suspended tiLl 10.05.2025. 4 a-) 7 . With the above clirections, the Criminal Petition is disposed of. Miscellaneous petitions, pending, if any, shall stand closed. To, //TRUE COPY// SD/- L.VIJAYA LAXMI TANT REGISTRAR ECTION OFFICER

1. The Special Judge, Fast Track Special Court for Expeditious Trial and Disposal of Rape and POCSO Act Cases at Nirmal Z. ifre f Additional District and Sessions Court at Adilabad 5. f f,u Stution House Officer, Khanapur Police Station' Nirmal +. r*" ccs to tre Public Prosecutor, Hign court for the state of Telangana at Hyderabad (OUT) s. oi]" cc to dRl RAIUESH KADARI, Advocate [OPUC] 6. Two CD CoPies ADK Y HIGH COURT DATED:01 10512025 / I ORDER CRLP.No.16273 of 2024 GrAiS t\ .? J .) 1tl [Yt{ z * s! * 1O DISPOSING OF THE CRLP (. $