THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.34626 OF 2018

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“… to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 3 and 4 in not passing the order on the representations of the petitioner dated. 23-07-2018 and 07- 09-2018 is illegal arbitrary and violative of article 300 of Constitution of India and to pass...”

2. None appeared for the petitioner.

3. Heard Mr. D.Pradeep, Learned Assistant Government Pleader for Home appearing for the respondents.

4. Learned Assistant Government Pleader for Home submits that during the course of investigation in C.C. No.40 of 2017, and in order to secure the presence of Accused No.1, the respondent police authorities have taken all appropriate measures, including addressing a letter dated 18.08.2018 to the Regional Passport Officer for impounding the passport of the petitioner’s husband, who is Accused No.1 in Crime No.481 of 2016. He further submits that the petitioner’s representation pertains to issuance of a proclamation against the absconding accused, which is a matter to be dealt with by the Court concerned. As the process to secure the presence of the accused by the investigating agency is ongoing, the contention of the petitioner that her representation has not been acted upon is unfounded. Accordingly, he prays that the writ petition be dismissed.

5. I have perused the material available on record.

6. The petitioner is the de facto complainant in Crime No.481 of 2016, which culminated in C.C. No.40 of 2017 for the offences punishable under Sections 498-A and 406 of the Indian Penal Code, 1860, and Sections 4 and 6 of the Dowry Prohibition Act, 1961. During the course of proceedings, as Accused No.1/husband of the petitioner remained absent and the prosecution failed to secure his presence, the petitioner addressed representations dated 23.07.2018 and 07.09.2018 to the Deputy Commissioner of Police, Central Crime Station, Hyderabad, seeking initiation of proclamation proceedings against the absconding accused.

7. The explanation offered by the respondent authorities indicates that all possible steps within their jurisdiction have been taken, including the action of addressing a communication for impounding the passport of the absconding Accused No.1. It is further submitted that proclamation proceedings under Sections 82 and 83 of the Code of Criminal Procedure, 1973, are required to be initiated by the trial Court, and since execution of the non-bailable warrant is pending with the concerned police, the delay in taking further steps is justified.

8. Having regard to the factual matrix and in the absence of any material explaining subsequent developments, the respondent police authorities are directed to expedite the process of securing the presence of the absconding accused and to pursue necessary steps, including impounding of his passport, in accordance with law. In the event a request is made before the trial Court for initiation of proceedings under Sections 82 and 83 of Cr.P.C., the same shall be considered in accordance with law.

9. With the above direction, the Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 27.11.2025

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.34626 OF 2018 Dated: 27.11.2025

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