Azeem Lulki , Nayeem Uz Zama v. Mohd. Mustafa

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8035 OF 2015 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.560 of 2014 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad, at Nampally, arising out of offences under Sections 448, 427, 506 read with Section 34 IPC.

Heard and perused the material available on record. This Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after due trial. The contentions raised by the learned counsel for the petitioners are to be tried by the Court below and hence, this Court is not inclined to interfere with the proceedings against the petitioners. At this stage, learned counsel for the petitioners submits that the Court below issued Non Bailable Warrants (NBWs) against the petitioners and as such, prays this Court to recall NBWs.

The petitioners are directed to appear before the Court below and file an application for recalling NBWs issued against them on or before 20.04.2016, and on filing of such application, the Court below is directed to recall the NBWs issued against the petitioners on the same day on condition of each of them executing a personal bond for a sum of Rs.5,000/- (Rupees five thousand only) with one surety for the like sum each to the satisfaction of the said Magistrate. Further, the presence of the petitioners before the Court below is dispensed with except on the dates when the court below insists for their presence. The petitioners are directed to represent their case through their counsel on all hearing dates. The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _____________________ JUSTICE RAJA ELANGO 07.04.2016 pln