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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NARSING RAO NANDIKONDA
Oakland Infra Private Limited – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed by the petitioners/accused Nos.1 and 2, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), to quash the docket order dated 03.12.2024 in Crl.M.P. No.275 of 2024 and docket order dated 18.03.2025 in Crl.M.P. No.26 of 2025 in S.T.C. N.I. No.1 of 2024 on the file of learned Principal Junior Civil Judge, Mancherial (for short ‘trial Court’) and consequently direct the trial Court to recall the NBWs (Non-Bailable Warrants) issued against the petitioners/accused Nos.1 and 2 on 11.03.2024 without insisting their presence.
2. Heard Ms. V. Swetha, learned counsel for the petitioners/accused Nos.1 and 2, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, appearing for the respondent No.1-State.
3. The case of the petitioners/accused Nos.1 and 2 is that the complainant filed complaint under Section 200 Cr.P.C. which was registered as S.T.C. N.I. No.1 of 2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘Act’) wherein summons were ordered to the petitioners/accused Nos.1 and 2 and posted for their appearance on 05.02.2024. On 05.02.2024, as the petitioners/accused Nos
The court established that a trial court must consider medical documentation and cannot insist on the physical presence of accused in proceedings concerning recall of Non-Bailable Warrants.
Non-Bailable Warrants should only be issued after summons and bailable warrants, following judicial guidelines for offences punishable with less than seven years.
The presence of an accused is not required for proceedings concerning the recall of a Non-Bailable Warrant if represented by counsel.
The court may recall a non-bailable warrant based on the age and health of the accused, while emphasizing the necessity of cooperation in legal proceedings.
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