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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI
Satish Reddy Sheri – Appellant
Versus
State of Telangana – Respondent
ORDER :
(ANIL KUMAR JUKANTI, J.)
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘ BNSS ’) by petitioners to quash/set-aside the order passed by II Additional Junior Civil Judge-cum-X Additional Judicial First Class Magistrate, Ranga Reddy District at Kukatpally in Crl.M.P.No.3268 of 2024 in C.C.No.5394 of 2018 dated 17.10.2024 and to recall of NBW against them.
2. Heard Mr. P.Sree Charan, learned Amicus Curie for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for the respondent – State. Perused the material on record.
3. Respondent filed a case for offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short ‘NI Act’). Petitioners failed to appear before the Court. NBW was issued against them. Petitioners filed a recall of NBW vide Crl.M.P.No.3268 of 2024. It was dismissed on 17.10.2024 on the ground that case pertains to 2018 and petitioners are frequently not appearing before the Court. It was also the contention of the respondent that NBW was issued against them previously, the same was recalled, but again they were absent. That petitioners have not complied with the terms of
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.
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.
The requirement of furnishing sureties does not apply to a petition filed under Section 70(2) Cr.P.C for recall of NBW.
Non-Bailable Warrants should only be issued after summons and bailable warrants, following judicial guidelines for offences punishable with less than seven years.
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