THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14151 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused No.2 seeking to quash/set-aside the order dated 13.05.2025 passed against him in Crl.M.P.No.251 of 2025 in C.C.No.33 of 2018, by the I Additional Junior Civil Judge-cum- V Additional Judicial Magistrate of First Class, Medchal Malkajgiri District, Uppal, at L.B.Nagar (for short ‘trial Court’).

2. Heard Ms.E.Annapurna, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submits that the petitioner is aggrieved by the order dated 13.05.2025 passed by the trail Court dismissing the petition to recall the Non-Bailable Warrant (for short ‘NBW’) that was issued against him. He further submitted that the petitioner could not attend the Court due to his illness and thus, the NBW was issued against him and hence, they have filed the said recall petition, which was subsequently dismissed by the trial Court vide order dated 13.05.2025. Therefore, learned counsel prayed to set-aside the said orders so that the petitioner could cooperate with the proceedings of the trial Court.

4. Learned Additional Public Prosecutor has submitted that the trial Court has passed a reasoned order as the accused was repeatedly getting absented during the course of proceedings and was not cooperating with the trial Court. The trial Court has rightly dismissed the petition filed for recall of NBW and therefore, prayed to uphold the same.

5. Perused the material available on record.

6. The impugned order passed by the learned trial Court in Crl.M.P.No.251 of 2025 in C.C.No.33 of 2018 reveals that the petitioner had jumped bail and thus, NBW was issued against him. Subsequently, at his request for recall of the NBW, the same was recalled. However, he again absconded and consequently, another NBW was issued. The C.C. pertains to the year 2018, and the case is not proceeding due to the non- cooperation and absence of the accused. In these circumstances, the trial Court has dismissed the petition filed to recall the NBW. However, the case has to be brought to a logical end after giving ample opportunity to both sides. The trial Court has passed a reasoned order, however, in the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner, it is opined that the petitioner be given one last opportunity to appear before the trial Court and file a petition to recall the NBW, so that the trial Court can pass appropriate orders on merits after affording an opportunity of hearing to the petitioner/accused No.2. Further, it is made clear that the accused shall not abscond hereafter and shall be present on every date of hearing before the trial Court and shall cooperate with the trial Court till the disposal of the case.

7. Accordingly, this Criminal Petition is disposed of.

8. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA

20.11.2025 mvm