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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.TUKARAMJI
J. Chandra Lekha – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. issuance and recall of non-bailable warrants. (Para 1 , 3 , 4) |
| 2. arguments surrounding procedural propriety. (Para 5 , 6) |
| 3. court observations on adherence to guidelines. (Para 7 , 8 , 9 , 10) |
| 4. clarification on nbws procedure and exceptions. (Para 11 , 12 , 13) |
| 5. final decision and directives. (Para 14) |
ORDER :
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) to set aside the order dated 10.07.2025 in Criminal Revision Petition No.81 of 2025 passed by the Sessions Judge, Hyderabad and recall the Non-Bailable Warrant (NBW) dated 30.12.2024 issued by the IV Additional Chief Judicial Magistrate, Hyderabad in C.C.No.15408 of 2024.
3. The petitioners are accused in C.C.No.15408 of 2024 on the file of the IV Additional Chief Judicial Magistrate, Nampally, Hyderabad for the offences under Sections 329(4), 232, 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS, 2023’).
5. Learned counsel for the petitioners submits that, even according to the prosecution, Accused Nos. 1 to 4 are residents of the same premises. However, the investigating agency chose to serve notice under Section 35 (3) of the B
Non-Bailable Warrants should only be issued after summons and bailable warrants, following judicial guidelines for offences punishable with less than seven years.
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 cannot be issued in a routine manner; courts must ensure specific, reasoned justification for their necessity to protect individual liberties.
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