THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No. 32696 OF 2016

O R D E R:

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

“…to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 1 and 3 in issuance and executing the Non-Bailable Warrants against the petitioner inspite of stay order granted by this Hon’ble Court in CrI.M.P.No.16385 of 2014 in CrI.P.No.15380 of 2014 and further action of the respondent No.3 in harassing the petitioner at the instance of respondent No.4 by making threatening calls is arbitrary and illegal and to pass.….”

2. None appeared for the petitioner.

3. Heard Mr.R.Laxmikanth Reddy, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 3.

4. The learned Assistant Government Pleader submitted that Non-Bailable Warrants were issued against the petitioner by the trial Court/respondent No. 1 in C.C.No.128 of 2013. The petitioner, however, contends that this Court had granted a stay order in Crl.M.P.No.16385 of 2014 in Crl.P.No.5380 of 2014, arising out of proceedings under the Domestic Violence Act. It was argued that, in view of this contradictory. Hence, dismissal of the writ petition has been prayed for.

5. I have perused the material available on record.

6. The specific contention of the petitioner is that the Court issued Non-Bailable Warrants despite the subsistence of a stay order granted by this Court. However, as rightly pointed out by the learned Assistant Government Pleader, the proceedings in C.C.No.128 of 2013 pertain to prosecution under Section 498-A of the Indian Penal Code, whereas the interim order granted by this Court in the aforementioned Criminal Petition relates to D.V.C. No.79 of 2008, pending on the file of the learned Junior Magistrate of First Class, Mancherial, under the Domestic Violence Act. These are distinct proceedings arising from separate causes of action. Accordingly, the stay order relied upon by the petitioner has no application to the proceedings in C.C.No.128 of 2013. In that view of the matter, the issuance of Non-Bailable Warrants by respondent No.1 cannot be untenable, and the Writ Petition stands dismissed.

7. Accordingly this Writ Petition is liable to be dismissed.

There shall be no order as to costs.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ N.TUKARAMJI, J Date: 10.09.2025

AKS/CHS