The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor High Court Buildings, Hyderabad. ... RespondenUResponde nt

2. Nimmagadda Raja Giridhar Kumar, S/o.N.Janardhan Rao, Aged about 54 years, Occ Business, Rl/o.H.No.1046, Road No.52, Jubilee Hills, Hyderabad. ...RespondenUDefacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the [/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order dt.29-10-2025 in Crl.MP.No.290212025 in CC No.2491/2021 on the file of the Xll Addl. Chief Judicial Magistrate Court, at Hyderabad, to recall the NBW issued against the petitioner on 12-11-2024, without insisting the presence of the Petitioner/ Accused herein, in the interest of justice. Petrtion 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 grant stay of all further proceedings including appearance of the Petitioner in CC.No.249112021 on the file of the Xll Addl. Chief Judicial ft4agistrate, Hyderabad, pending disposal of the above Criminal Petition, in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Upon hearing the arguments of Mr. Harikishan Kudikala, Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2. The Court made the following: ORDER /. IN THE HIGH COURT FOR THE STATE OF 'TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SRET)I{TVAS RAO CRIMINAL PETITION No. 15993 of 2O25 Date: O4.L2.2O25 Between: Yennam Venkata Shiva Reddy. AND The State of Telangar-ra, Represented by its Public Prosecutor High Court ior the State of Telarlgana, At Hyderabad zrnd another. ORDER: . .. Petitioner ...Respondents This Criminal Petition is filcd aggrieved by the order dated

29.1O.2025 passed in Crl.M.P.No.2902 of 2025 n ().C.No.249 1 of 2O2l oo the hle of XII Additional Chief Judicial Mrllistrerte Court, Hyderabad, wherein thc applicatior-r hled by the pe t it:oner/ accused No.1 seeking to recall the NBW issued against him rviis dismissed.

2. Heard Mr. Harikishan Kudikala, learned co -rnsel for the petitioner and Mr. Jithender Rao Veeramalla, Iezuned Additional Public Prosecutor appearing for respondent No.1-State. 2

3. Notice in respecl of respondent No.2 is dispensed with on the ground that the petitioner has hled an application for recalling the NBW.

4. Learncd counsel for the petitioner submitted that the pe titioner/ acc used No.1 couid not appear before the trial Court on \2.LL.2024, due to ill-health and because of his non-appearance, the trial Court belou, issued NBW against him. Thereafter, the petitioner has filed an application i.e., Crl.MP.No.2O92 of 2025, seeking to recall NBW before the trial Court. The trial Court u,ithout properly considcring thc averments made in the said application, dismissed the same.

5. He further submits that the petitioner is ready and willing to appear beforc the 'trial Court u,henever his presence is required and also he will represent the matter on every date of hearing by his Counsel and he is ready to abide any other conditions which are going to be imposed by this Court and unless the NBW issued against the petitioner is recalled, he witl be put to great hardship, as the petitioner is eking out his livelihood by doing private job.

6. Per contra, t."..r.a Additional Public Prosecutor submits that the petitioner is not appearing before the trial Court since long time A!{the trial Court has rightly dismissed the application. 3

7. Having considering the rival submissionr; macle by the respective parties and after perusal of the mat(r 1 ial available on record, it reveals that the lrial Court had issueci ll[]W iigainst the petitioner on 12.11.2024. Thcreafter, thc pcriticner filed an application seeking to rccall of the NBW, an(l t.he same \r/as dismissed on the ground that the pelitioner has noI enclosed any mcdical record to prove the factum of his illness.

8. The documents filed along u,ith the preserlt FCtition reveals th:,rt the petitioncr was admitted in AVIS hospiral rLrrcl lic had taken treatmen[ from June 2024 Lo August 2024.

9. Taking into consideration the medical rcpo -r:s issued by AVIS hospital and reasons mcntioned in the presr.nt petition,this Court is inclincd to recall the NBW issued 'r3zrinst him on

12.1I.2024, accordingly recallcd, subject to Lhe corrclition Lhat the pelitioner shall execute a personal bond for a sunr of Rs.25,000/- with two (02) sureties for a like sum each to thc s;ai.i:;lhction of the learncd XII Additional Chief Judicial Magistrate Cor;-t, Hyderabad and also he has to give an undertaking that he will appear before the trial Court rn C.C.No.249 I of 2021, whene\.(.r his physical prcsence is required and also he shall be repres:nted by his counsel on each and every date of hearing. If the petitioner fails to I I 4 comply any of the conditions as mentioned supra, the tria-l Court is entitled to procecd with the matter in accordance with law.

10. With the above said directions, the Criminal Petition is disposed of, accordingly Miscellaneous applications, if any, pending shall stand closed \ //TRUE COPY// Sd/. MOMINA MEHAR SSISTANT REGISTRAR SECTION OFFICER To, 1 2 3 4 q The Xil Additionat Chief Judicial Ma gistrate, Hyd a The Station House Officer, CCS po lrce Station, H yd Two CCs to the Public prosecutor, High Court for th Hyderabad. [OUT] One CC to Mr. Harikishan Kudikala, Advocate tOpUCl Two CD Copies bad. erabad Division. e State of Telangana at ?r HIGH COURT DATED:0411212025 ORDER CRLP.No.15993 ot 2025 nS[r \ ( o o 1 o :." * I * C DISPOSING OF THE CRIMINAL PETITION (+ ,Ls \o \ \L \