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Judgment
ORDER
This Criminal Petition is filed aggrieved by the docket order dated 04.11.2025, passed by the III Additional District and Sessions Judge-cum-Principal Family Court, Medchal-Malkajgiri District at Kukatpally (for short, 'the trial Court'), wherein the trial Court issued Non-Bailable Warrant (NBW) against the petitioner in Crl.M.P.No.257 of 2026 in M.C.No.111 of 2019.
Heard Ms. V. Preeti Reddy, learned counsel for the petitioner, and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.3. Notice in respect of respondent Nos.1 and 2 is dispensed with on the ground that they were made as proforma respondents.
When this Court raised a query about the maintainability of the present criminal petition invoking the provisions of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'BNSS') seeking recall of the NBW when the petitioner is having statutory remedy to file appropriate application before the learned trial Court seeking recalling of the NBW exercising the powers conferred under Section 70(2) of the Cr.P.C/Section 72 of the BNSS. At this juncture, learned counsel for the petitioner submitted that the petitioner had already filed an application vide SR.No.538 of 2026 before the learned trial Court seeking recall of NBW. However, the trials Court returned the said application on 26.03.2026.
Taking into consideration the above said submission, without expressing any view in respect of the grounds pleaded in the present criminal, the petitioner is granted liberty to resubmit the application vide S.R.No.538 of 2026 or to avail remedy to file a fresh application seeking recall of the NBW issued by the trial Court through docket order dated 04.11.2025. On filing such application, the trial Court is directed to consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of one (01) week from the date of resubmission or filing fresh application.
Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.