← Library
High Court for State of TelanganaCRLP/5836/2016disposed of no costs

Mohammad Arshad Iqbal v. State Of Telangana,

2016-04-21Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5836 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioner/A-1 in C.C.No.122 of 2015 pending on the file of XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, arising out of Crime No.210 of 2014 of Women Police Station, Begumpet, Hyderabad registered for the offences punishable under Section 498-A, and 406 IPC.

Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State.

It is evident that after completion of investigation, the police filed charge sheet into Court and the same was numbered as C.C.No.122 of 2015 on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. Since the petitioner/A-1 was shown as absconding, Non-bailable warrant was issued against him, which is pending execution. It is further evident that Look out notice was also opened against the petitioner/A-1. After arguing for some time, the learned counsel for the petitioner confined his arguments only to the extent of recalling NBW issued against him and also Lookout notice opened against him. He further stated that the petitioner/A-1 intends to surrender before the Court and to face the trial by engaging counsel. Having regard to the facts and circumstances of the case and in view of the fact that NBW is pending and look out notice is opened, the petitioner/A-1 is directed to surrender before the concerned court on or before 15-07-2016 and file an application

under Section 70(2) Cr.P.C. seeking to recall NBW issued against him and on filing of such application, the concerned Court shall recall the warrant on the same day on his execution of a bond for Rs.5,000/- (Rupees five thousand only) with one surety. However, the look out notice alleged to be opened is hereby recalled. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

________________ RAJA ELANGO, J Date: 21-04-2016 Ksn