THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 8971 OF 2025 ORDER:-

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘the BNSS’) seeking quashment of the order of issuance of Non-Bailable Warrants (NBWs) dated 26.03.2025 passed by the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, in C.C. No. 3245 of 2025.

2. The petitioner is the accused in the aforementioned Calendar Case, which pertains to offences punishable under Sections 406 and 320 of IPC. In the impugned order Non-Bailable Warrants (NBWs) were issued as the petitioner failed to appear on summons.

3. I have heard Mr. Khaled Bin Sayeed, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1-State and perused the materials on record.

4. Having regard to the fact that a Coordinate Bench of this Court has granted an interim order in Criminal Petition No. 12544 of 2024 in favour of the petitioners/accused Nos. 2 to 5, whereby all further proceedings in the Calendar Case, including their personal appearance, have been stayed and further taking into account the relevant proceeding sheet of the trial court, which records that although counsel for accused Nos. 2 to 7 and 9 had submitted a Memo of Appearance, the same was returned with objections, this Court finds that the issuance of Non-Bailable Warrants (NBWs) against the petitioner is legally untenable.

5. It is a well-established principle of criminal jurisprudence, consistently upheld by the Hon’ble Supreme Court, that at the stage of initial or first appearance particularly when such appearance is of a formal nature, the trial court is ordinarily required to issue Bailable Warrants in the first instance. The issuance of NBWs at such a preliminary stage is permissible only in the presence of compelling circumstances, and such reasons must be expressly recorded in the judicial order.

6. In the present case, the trial court issued Non-Bailable Warrants against the petitioners without first affording them an opportunity to appear voluntarily and without providing any justification for bypassing the issuance of Bailable Warrants. This course of action contravenes the settled legal position and constitutes a violation of the principles of natural justice.

7. Accordingly, the impugned order dated 26.03.2025, insofar as it directs the issuance of Non-Bailable Warrants against the petitioners/accused, is hereby set aside and the petitioner is directed to appear and participate in the proceedings before the learned XII Additional Chief Metropolitan Magistrate, Hyderabad, on 20.08.2025. Upon such appearance, the learned Magistrate shall proceed further in the matter in accordance with law.

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

Pending miscellaneous applications, if any, shall stand closed.

______________ N.TUKARAMJI,J Date:18.07.2025 ssm