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High Court for State of TelanganaWP/46337/2016disposed of no costs

Mukesh Kaushal v. The State Of Telangana,

2016-12-30Raja Elango2 pages

HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.46337 of 2016 O R D E R :

The Writ Petition is filed under Article 226 of the Constitution of India seeking to issue a writ or order, more particularly one in the nature of writ of Mandamus declaring the order dated 19-01-2016 passed in C.C.No.1807 of 2014 on the file of the III Additional Chief Metropolitan Magistrate at Hyderabad issuing NBWs against the petitioner as illegal and arbitrary and consequently set aside the order dated 19-01-2016 passed in C.C.No.1807 of 2014 by recalling the NBWs.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home and perused the material available on record. The learned counsel for the petitioner submitted that the petitioner is ready to surrender before the Court concerned and file a petition to recall the N.B.W. pending against him and prayed a direction to the trial Court to recall the warrant.

Considering the facts and circumstances of the case and also in view of the submissions made by the learned counsel for the petitioner, the writ petition is disposed of directing the petitioner to surrender before the Magistrate concerned and file an application to recall the NBW pending against him. On such surrender and filing of the application, the trial Court is directed to recall the warrant pending against the petitioner on the same day on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten

Thousand Only) with one surety for a like sum to the satisfaction of the said Magistrate. No Costs.

Consequently, miscellaneous petitions pending in this petition, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO 30th December, 2016 skmr