THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11691 of 2025

ORDER:

This criminal petition is filed seeking to set aside the docket order dated 14.08.2025 passed in Crl.A.No.29 of 2025 by the Family Court-cum-III Additional District and Sessions Judge, Mahabubnagar and recall the NBW pending against the petitioner.

2. Heard Sri S.M.Saifullah, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner submitted that the petitioner could not appear before the Court on the stipulated date, i.e., 14.08.2025, due to incessant rains. He further submitted that a circular was issued by the High Court advising courts not to pass adverse orders, given the considerable inconvenience caused to the public due to the incessant rains. Despite these circular instructions, the learned Judge of the Family Court-cum-III Additional District and Sessions Judge issued a Non-Bailable Warrant (NBW) against the petitioner. The counsel for the petitioner has also filed the status of the case as reported in the e-courts portal. He, therefore, prayed that the said order be set aside.

4. Learned Additional Public Prosecutor has submitted to pass appropriate orders.

5. Perusal of the e-Courts case status reveals that NBW was issued against the petitioner herein, who was the appellant before the trial Court. It is noted that the High Court had issued a circular vide R.O.C. No. 1742/SO/2024 dated 13.08.2025, under the instructions of the Hon’ble Chief Justice, directing all judicial officers in the State not to pass any adverse orders or issue warrants in cases of absence of stakeholders or advocates due to the prevailing weather conditions.

6. In view of the aforesaid circular instructions, the officer was not supposed to pass any adverse orders or issue warrants. However, in the present case, NBW was issued, which is contrary to the said circular. Hence, the order dated 14.08.2025 is hereby set aside. The petitioner shall appear before the Hon’ble Court on the next date of hearing, and the Court shall pass appropriate orders on merits, without being influenced by any observations made by this Court.

7. With the above direction, this Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA Date:10.09.2025 Lk