Shaik Irshad vs State Of Telangana

This criminal petition is filed seeking to quash the proceedings in C.C.No.6295 of 2020 pending on the file of the XV Additional Chief Metropolitan

Magistrate, Hyderabad.

The petitioner herein is accused No.1 in the above calendar case. The offences alleged against the petitioner are under Sections 498-A and 406 of

I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the record.

Learned counsel for the petitioner, referring to the charge sheet in C.C.No.6295 of 2020, would submit that the Investigating Officer, without

following the procedure laid down under Section 41-A of Cr.P.C. and without serving the notice, laid charge sheet against the petitioner herein. In the

charge sheet, the Investigating Officer has requested the Court below to issue Non-Bailable Warrant (NBW) against the petitioner herein and other

accused. The Court, without verifying the same, vide order, dated 28.08.2020, issued NBW against the petitioner herein. According to him, issuance of

NBW against the petitioner is contrary to law laid down by the Apex Court and this Court and contrary to Section 73 of Cr.P.C.

As per Section 73 of 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.

A perusal of the charge sheet would reveal that the learned Magistrate has not considered the fact that the petitioner is not falling in any of the

three categories mentioned above. A perusal of the charge sheet would also reveal that the Investigating Officer has not mentioned with regard to the

efforts made by him to serve notice under Section 41-A of Cr.P.C. on the petitioner herein. Learned Magistrate, vide order, dated 28.08.2020, without

considering the said aspects, issued NBW against the petitioner. Thus, there are several triable issues in the above said order.

Considering the said facts, the Criminal Petition is disposed of granting liberty to the petitioner/accused No.1 to file an application under Section

70(2) of Cr.P.C. seeking to recall the said NBW issued against him. On filing of such application, the learned Magistrate is directed to consider the

same on the very same day and recall the NBWs issued against the petitioner on imposition of certain conditions to its satisfaction. Thereafter, the

petitioner shall appear before the said Court in the said calendar case.

Miscellaneous applications, pending if any, shall stand closed.