Order

This Criminal Petition is filed by the petitioner, aggrieved by the order dated 20.01.2026 passed by the I Additional Sessions Judge at Nizamabad (for short ‘the trial Court’), in Crl.M.P.No.17 of 2026 in NSC.No.3 of 2025, whereby the application filed by the petitioner seeking recall of the NBW issued against him was dismissed.

2. Heard Mr.Madanu Naresh, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent-State. With their consent, this criminal petition is disposed of at the stage of admission.

3. Learned counsel for the petitioner submitted that the petitioner is arrayed as accused No.5 in NSC.No.3 of 2025 for the offences punishable under Sections 406 and 420 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’). Due to the ill-health of the petitioner, he could not appear before the trial Court. Accordingly, Non-Bailable Warrant (NBW) was issued against the petitioner on 18.11.2024. Thereafter, the petitioner filed an application vide Crl.M.P.No.17 of 2026 seeking recall of the NBW. The trial Court, without properly considering the contentions raised by the petitioner, and documents produced along with the application, dismissed the application on 20.01.2026. He further submitted that the petitioner is residing at Punjab State and due to his ill-health, he could not appear before the trial Court. The petitioner is willing to appear before the trial Court whenever his presence is required and diligently prosecute the proceedings. Unless the NBW issued against the petitioner is recalled, the petitioner would be put to great hardship.

4. Learned Assistant Public Prosecutor submitted that the petitioner was enlarged on bail on 17.08.2024. Subsequent to the same, the petitioner has not appeared before the trial Court on three occasions. Due to which, the trial Court issued NBW against the petitioner on 18.11.2024. After one year i.e., on 24.12.2025, the petitioner filed the Crl.M.P.No.17 of 2026 seeking recall of NBW issued against him especially without submitting any documents pertaining to his ill-health. Due to the non-cooperation of the petitioner, the trial Court has not been able to proceed with the matter. Therefore, the trial Court rightly dismissed the application filed by the petitioner. Hence, the petitioner is not entitled for any relief much less the relief sought in the present criminal petition.

5. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner is accused No.5 in NSC.No.3 of 2025 for the offences under Section 406 and 420 of the IPC and Section 21(c) of the NDPS Act. Learned trial Court issued NBW against the petitioner on 18.11.2024 due to his non appearance on earlier occasions i.e., on 28.08.2024, 19.10.2024 and 18.11.2024. The petitioner filed the Crl.M.P.No.17 of 2026 on 24.12.2025, invoking the provisions of Section 70(2) of the Cr.P.C., seeking recall of the NBW issued against him. The specific case of the petitioner is that the petitioner was suffering from chronic disease since October, 2024 and thereafter he fell down from the stairs on 26.08.2025 and thereafter he met with an accident in the month of September, 2025. Therefore, he could not appear before the learned trial Court. In support of his contention, learned counsel for the petitioner filed documents from page No.42 to 45. During the course of hearing, learned counsel for the petitioner submitted that the petitioner will appear before the trial Court whenever his presence is required.

6. Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to recall the NBW issued against the petitioner on 18.11.2024. Accordingly, the impugned order dated 20.01.2026 passed by the I Additional Sessions Judge at Nizamabad, in Crl.M.P.No.17 o