Mohd. Nayeemuddin, v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2552 of 2016 ORDER:

This Criminal Petition is filed by the petitioner - A1 seeking to quash the proceedings against him in CC No.42 of 2014 on the file of XV Additional Chief Metropolitan Magistrate cum Special Court for trial of Video Piracy Cases, Hyderabad, for the offences 498-A AND 406 IPC r/w.34 IPC.

Heard and perused the material available on record. The de facto complainant is the wife of the petitioner. The allegation against the petitioner is that he used to harass the de facto complainant physically and mentally. The truth or otherwise of the above allegations can be ascertained during the trial of the case. Hence, this Court is not inclined to interfere with the proceedings against the petitioner.

The learned counsel for the petitioner submitted that the petitioner is in Saudi Arabia and NBW are pending against him and now he is ready to face the trial and he will not flee from the hands of justice. Having heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and having perused the material available on record, this Court is of the view that the revision can be disposed of with the following directions:

The petitioner-A1 is directed to appear before the Court concerned and file a petition to recall the warrant issued against him and on such filing of a petition, the trial Court is directed to recall the warrant on the same day on his execution of bond for a sum of Rs.10,000/- (Rupees ten thousand only) with one surety for a like sum and further the petitioner is directed to appear before the trial Court regularly on all hearing dates. Accordingly, the Criminal Petition is disposed of. Consequently, the Miscellaneous Petitions pending, if any, shall stand closed. ______________ RAJA ELANGO, J February 26, 2016.

KTL