IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.2557 of 2026 Date: 24.02.2026 Between:

Dr. Shaik Rasool ...petitioner/accused No.1 AND The State of Telangana, represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad, Through P.S.

Vanasthalipuram and another ...respondents

ORDER

This criminal petition is filed aggrieved by the docket order dated 17.02.2026 passed by the I Additional Junior Civil Judge- cum-VII Additional Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar (for short ‘the Trial Court’) in Crl.M.P.No.132 of 2026 in CC.No.703 of 2024 where-under, the application filed by the petitioner under Section 70(2) of Cr.P.C, seeking recall of the Non-Bailable Warrant (for short ‘NBW’) dated

10.02.2026 was dismissed.

2. Heard Sri S. Ganesh, learned counsel for petitioner, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1.

3. As the petitioner is not seeking any relief against respondent No.2, notice in respect of respondent No.2 is dispensed with.

4. Learned counsel for the petitioner submitted that the Investigating Officer has filed final report against the other accused and not against the petitioner. The petitioner is arrayed as accused No.1 in C.C.No.703 of 2024. The Trial Court, without issuing any summons/notice to the petitioner/accused No.1, has straightaway issued Non-Bailable Warrant on 10.02.2026. Subsequently, the petitioner filed application under Section 70(2) of Cr.P.C vide Crl.M.P.No.132 of 2026 in C.C.No.703 of 2024 on 16.02.2026 to recall the NBW dated 10.02.2026. However, the Trial Court without properly considering the averments made in support of the application, has erroneously dismissed the said application through docket order dated 17.02.2026 without assigning any reasons, only on the ground that the petitioner has not enclosed the Original medical certificate. Unless this Court recalls the NBW issued against the petitioner, he will be put to great hardship. Learned counsel further submits that the petitioner will appear before the Trial Court and the Trial Court may be directed to pass orders afresh.

5. The learned Additional Public Prosecutor has not opposed the above said submissions of the learned counsel for the petitioner.

6. Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the Trial Court dismissed the said application filed by the petitioner only on the ground that the petitioner has not enclosed the Original medical certificate. Even according to the learned counsel for the petitioner, the petitioner will appear before the Trial Court.

7. Taking into consideration the peculiar facts and circumstances of the case, the impugned docket order dated 17.02.2026 passed by the I Additional Junior Civil Judge-cum-VII Additional Judicial Magistrate of First Class, Ranga Reddy District at Hayathnagar in Crl.M.P.No.132 of 2026 in CC.No.703 of 2024 is set aside and the petitioner is directed to appear before the Trial Court on or before 09.03.2026 and the learned Magistrate is further directed to consider the said application filed by the petitioner on the very same date and recall NBW issued against the petitioner dated 10.02.2026 subject to the condition that the petitioner/accused No.1 shall furnish a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties to the satisfaction of the learned Magistrate.

8. With the above directions, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

____________________________ JUSTICE J. SREENIVAS RAO

24.02.2026

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