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Telangana High Court · body

2021 DIGILAW 137 (TS)

Alakonda Malla Reddy v. State of Telangana

2021-04-30

K.LAKSHMAN

body2021
ORDER : 1. Crl.P.No.1643 of 2021 is filed to quash the order dated 16.01.2021 passed in Crl.M.P.No.526 of 2020 in Crime No.110 of 2019 in C.C.No.1374 of 2020 by the learned V Metropolitan Magistrate, Cyberabad, Ranga Reddy District (for short, Court below), while Crl.P.No.2321 of 2021 is filed to quash the order dated 24.11.2020 passed in C.C.No.1374 of 2020 by the Court below. 2. Heard Sri N. Naveen Kumar, learned counsel for the petitioner, Sri Veera Babu Gandu, learned counsel appearing for the second respondent and the learned Public Prosecutor in both the criminal petitions. 3. Perused the record. 4. The petitioner in both the Criminal Petitions is the first accused in C.C.No.1374 of 2020. The offences alleged against him are under Sections 498-A, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act. 5. The Investigating Officer in the said crime, after completion of investigation, filed charge-sheet showing the petitioner herein as absconding since he is in U.S.A. In the entire charge-sheet, there is no mention that the Investigating Officer has made efforts to serve notice under Section 41-A Cr.P.C., on the petitioner herein. Admittedly, the petitioner herein is in U.S.A. Basing on the contents of the charge-sheet, the Court below has issued non-bailable warrants against the petitioner herein. Learned counsel for the petitioner by referring to Section 73 Cr.P.C. would submit that the Court below, without considering the three grounds on which non-bailable warrants can be issued, has issued NBWs against the petitioner herein. 6. As per Section 73 Cr.P.C., the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. Whereas, in the present case, admittedly the petitioner herein is in U.S.A. 7. Learned counsel for the petitioner, on instructions, would submit that the petitioner is intending to come to India and he will cooperate with the trial Court in the said C.C. He would further submit that the allegations leveled against the petitioner herein are false and baseless and the contents of the charge-sheet lack the ingredients of the offences alleged against him. 8. 8. The petitioner-A.1 has also filed Criminal Petition No.2321 of 2021 to quash the order dated 24.11.2020 in C.C.No.1374 of 2020 vide Letter Dis.No.762 of 2020 issued by the V Metropolitan Magistrate, Cyberabad. As per the said letter, the Court below had requested the Regional Passport Officer to impound the passport of the petitioner herein bearing No.J98921681. Pursuant to the above proceedings, the Passport Officer has impounded the passport of the petitioner vide proceedings dated 16.12.2020. 9. In view of the submission made by the learned counsel for the petitioner that the petitioner herein is intending to come to India and cooperate with the trial Court and also in view of the fact that the Court below without considering the factors under Section 73 Cr.P.C. on which the non-bailable warrants can be issued on the first date of hearing, issued NBWs against the petitioner herein, the Criminal Petition No.1643 of 2021 is allowed and the order dated 16.01.2021 in Crl.M.P.No.526 of 2020 in Crime No.110 of 2019 in C.C.No.1374 of 2020 is quashed. Consequently, the non-bailable warrant issued against the petitioner herein on 11.03.2020 is re-called. Learned counsel for the petitioner would submit that C.C. is posted to 05.05.2021 but the petitioner herein may not appear on the said date in view of the present situation. He would further submit that the petitioner will appear on the next date of hearing after 05.05.2021. Thus, the petitioner herein shall appear before the Court below in C.C.No.1374 of 2020 on the next date of hearing i.e. after 05.05.2021 without contending that he is not having knowledge of the next date of hearing of C.C.No.1374 of 2020. If the petitioner fails to comply with this, learned Magistrate shall take steps in accordance with law. 10. As discussed above, the non-bailable warrant issued against the petitioner herein is quashed and the same is re-called. In view of the same and also considering the fact that the petitioner herein is intending to come to India and cooperate with the Court below, the letter dated 24.11.2020 in Lr.Dis.No.762 of 2020 issued by the V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B.Nagar, and the consequential proceedings dated 16.12.2020 issued by the Regional Passport Officer, Hyderabad, are also quashed. These orders are passed without prejudice to the right of the petitioner-A.1 to challenge the charge-sheet itself. These orders are passed without prejudice to the right of the petitioner-A.1 to challenge the charge-sheet itself. The petitioner-A.1 shall not leave the country without permission of the Court below. 11. Accordingly, both the Criminal Petitions are allowed. 12. Miscellaneous Petitions, pending if any, shall stand closed.