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Judgment
This Criminal Petition is filed by the petitioner/accused No.2 aggrieved by the Order, dated 19.08.2026, passed by the learned I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of first Class, Nizamabad in Crl.M.P.No.527 of 2026 in P.R.C.No.57 of 2024, wherein the application filed by the petitioner seeking to recall the Non-Bailable Warrant (NBW) issued against him was dismissed.
Heard Mr.C.Sharan Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent.
Learned counsel for the petitioner submitted that the petitioner has been arrayed as accused No.2 in P.R.C. No. 57 of 2024 and is facing prosecution for the offence punishable under Section 307 read with Section 34 of the IPC. The petitioner has not received the summons in the said P.R.C. However, the learned trial Court issued NBW against the petitioner on 06.03.2024. Thereafter, the petitioner filed Crl.M.P.No.527 of 2026 seeking recall of the NBWs. The learned trial Court, without properly considering the averments made in the said application, dismissed the same by way of the impugned order and the said order is contrary to law.
Per contra, the learned Additional Public Prosecutor submits that the petitioner has been shifting his residence from one place to another and has failed to appear before the learned trial Court. He further submitted that the petitioner has been avoiding his appearance before the learned trial Court and is not cooperating with the proceedings. The learned trial Court, therefore, rightly issued NBW against the petitioner. He further submitted that the petitioner is facing prosecution for the heinous offence punishable under Section 307 read with Section 34 of the IPC and is not cooperating with the learned trial Court in the proceedings for committal of the P.R.C. to the Sessions Court. Hence, the learned trial Court has rightly dismissed the application filed by the petitioner.
Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the petitioner is facing prosecution for the offence punishable under Section 307 read with Section 34 of the IPC and that the learned trial Court issued NBW against the petitioner on 06.03.2024. Insofar as the contention raised by the learned counsel for the petitioner that the petitioner has not been served with the summons is concerned, it is evident that, in the absence of service of summons, the learned trial Court proceeded to issue the NBW against the petitioner. The learned Trial Court specifically observed that the petitioner was not residing at the address mentioned in the final report and that he had been shifting his residence from one place to another. However, it is relevant to mention that the petitioner was having knowledge of the pendency of P.R.C. No. 57 of 2024 before the learned Trial Court. Hence, without expressing any opinion on the submissions made by the learned counsel for the petitioner with regard to the service of summons, this Court is of the considered view that the impugned order passed by the learned Trial Court dated 19.08.2026 is liable to be set aside and, accordingly, the same is hereby quashed.
In view of the same, this Court is inclined to recall the NBW issued against the petitioner on 06.03.2024, subject to the following conditions:
The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties to the satisfaction of the learned trial Court.
ii) Whenever his presence is required, the petitioner shall undertake that he will represent the matter through his counsel each and every date of adjournment, in default, the learned trial Court is entitled to proceed with the matter, in accordance with law.
Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.