Sri Akram Khan vs The State Of Telangana And Another
2023 Latest Caselaw 923 Tel

                                                    Crl.Petition No.1889 of 2023
                                  1



      THE HONOURABLE SRI JUSTICE K.SURENDER

          CRIMINAL PETITION No.1889 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner-

Accused No.1 to quash the non-bailable warrant dated 09.12.2015

issued by XVII Additional Chief Metropolitan Magistrate, Nampally,

Hyderabad in C.C.No.1048 of 2015 which is continuing in C.C.No.674

of 2017, after splitting the C.C.No.1048 of 2015.

2. Heard learned counsel for the petitioner-Accused and learned

Public Prosecutor for the Respondent-State.

3. The petitioner along with three others was being prosecuted

for the offences under Sections 323, 354, 420 and 506 of Indian

Penal Code. Since the petitioner was absconding, The Trial Court

has split up the C.C.No.1048 of 2015 against this petitioner and

numbered as C.C.No.674 of 2017. After concluding trial, the XVII

Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, has

acquitted the remaining accused Nos.2 to 4. In the finding of the

judgment, the learned Magistrate found that PW1 stated that this

petitioner - accused No.1 stayed with the complainant for ten days Crl.Petition No.1889 of 2023

and after that he left to Saudi leaving her with his parents for one

week. In the said circumstances, the Trial Court has acquitted

accused Nos.2 to 4 on the ground that the allegation of harassment

cannot be presumed.

4. Learned counsel for the petitioner submits that the case is

posted on 14.02.2023 in the Trial Court.

5. In the facts and circumstances of the case, this Court deems it

appropriate to direct the petitioner to appear before the court below

on 14.02.2023 and to move the concerned Court by filing an

application under Section 70(2) of Cr.P.C. seeking recall of warrants

pending against him. In the event of the petitioner filing such

application, the concerned Court shall recall the warrants on certain

conditions to be imposed and depositing the passport of the

petitioner shall be one of the conditions to be imposed by the Trial

Court.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall stand closed.

_____________ K.SURENDER, J Date: 23.02.2023 rev