HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12188 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.3 seeking to quash the docket order dated 30.09.2024 passed in C.C.No.9947 of 2024 on the file of the learned XV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the alleged offences punishable under Sections 498-A, 420, 406, 504, 506, 509, 323 of IPC and Sections 3, 4 and 6(2) of DP Act

2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Smt. Shalini Sexana, learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submitted that the trial Court has erroneously resorted to issuing a Non-Bailable Warrant (NBW) against Accused Nos. 1 and 3 instead of issuing summons in the first instance. Hence, he prayed to quash the NBW issued against Accused No. 3, dated 30.09.2025.

4. Learned Assistant Public Prosecutor has not disputed the same.

5. Perused the record. The record reveals that the trial Court took cognizance of the case on 30.09.2024 against Accused Nos. 1 and 3 and directed issuance of summons to them. However, issuing NBW against them at the initial stage is neither just nor proper. The prosecution submitted that Accused Nos. 1 and 3 were shown as to be absconding in the charge sheet. Even if that were the case, the trial Court ought to have issued summons in the first instance, and only upon non-compliance, could it have resorted to issuing an NBW. Therefore, the issuance of the NBW at this stage is not sustainable and is hereby set aside. Consequently, the docket order dated 30.09.2024 is also set aside and the trial Court is directed to issue summons to the accused No.3 and proceed with the matter strictly in accordance with law.

6. With the above said observations, this Criminal Petition is disposed of.

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

____________________________ JUSTICE TIRUMALA DEVI EADA

18.09.2025 GV