Telangana High Court
Rafiuddin Khan, vs The State Of Telangana, on 26 September, 2025
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL PETITION No.5810 of 2023
ORDER:
This Criminal Petition has been filed under Section 482
of the Code of Criminal Procedure, 1973, (for short, 'the
Cr.P.C.') aggrieved by the order passed by the learned XIII
Chief Metropolitan Magistrate, Mahila Court, Hyderabad, in
Crl.M.P.No.1770 of 2023 in C.C.No.284 of 2018, dated
26.04.2023, to the extent of imposing condition of surrender
the passport of the petitioner/accused No.1, while recalling
Non-Bailable Warrants (N.B.Ws.) pending against him.
2. Heard Mr. Mohd. Adnan, learned counsel for the
petitioner/accused No.1, Mr.Mirza Nisar Ahmed Baig, learned
counsel for respondent No.1 and Mr. M. Vivekananda Reddy,
learned Assistant Public Prosecutor appearing for respondent
No.1 State.
3. Learned counsel for the petitioner submitted that the
petitioner is accused No.1 in C.C.No.284 of 2018 for the
offences under Sections 498-A and 420 of the Indian Penal
Code, 1860, and Section 4 of the Dowry Prohibition Act, 1961.
The learned Magistrate had issued N.B.Ws. against the
petitioner on 28.02.2023. The petitioner filed Crl.M.P.
No.1770 of 2023 seeking to recall the N.B.Ws. issued against
him. The learned Magistrate, while allowing the said petition,
imposed onerous condition directing the petitioner to
surrender his passport before the Court on his arrival. He
also submitted that the petitioner has not received the
summons in C.C.No.284 of 2018. In the absence of
summons, learned Magistrate issued N.B.Ws. against him and
the same is contrary to law.
3.1. He further submitted that the petitioner is doing
employment in Saudi Arabia and recently he came to India to
see his father, who is suffering with ill-health. If the above
said condition is not relaxed, the petitioner is unable to travel
to Saudi Arabia to do his employment and he will put to great
hardship. The petitioner is ready and willing to appear before
the learned Magistrate during the course of examination
under Section 313 Cr.P.C. and at the time of pronouncement
of judgment in C.C.No.284 of 2018. The petitioner is also
ready to appear before the learned Magistrate on each and
every adjournment through video conference and his counsel
will appear on each and every adjournment before the learned
Magistrate to prosecute the proceedings. The petitioner is
ready and willing to furnish the sureties and also give an
undertaking before the learned Magistrate.
4. Per contra, learned counsel for respondent No.2
submitted that the learned Magistrate, while allowing the
recall petition vide Crl.M.P.No.1770 of 2023, directed the
petitioner to appear before the Court within three months i.e.,
on 26.07.2023 and on his arrival, he shall surrender his
passport before the Court. The petitioner has not appeared
physically till date and not surrendered his passport before
the learned Magistrate, as directed. Hence, the petitioner is
not entitled to seek relaxation of the said condition.
4.1. He further submitted that the petitioner has not
questioned the issuance of N.B.Ws. issued by the learned
Magistrate dated 28.02.2023. On this count also, the
petitioner is not entitled to contend in the present criminal
petition that issuance of N.B.Ws. against the petitioner is
contrary to law. Hence, the criminal petition is liable to be
dismissed.
5. During the course of hearing, it is submitted by the
learned counsel for respondent No.2 that during pendency of
this criminal petition, C.C.No.284 of 2018 was transferred to
the Court of XV Additional Chief Metropolitan Magistrate and
the same was re-numbered as C.C.No.1925 of 2024.
6. Learned counsel for the petitioner submitted that the
petitioner may be permitted to amend the case number and
also the court name.
7. To substantial justice to the parties, the petitioner is
granted permission to amend the case number and court
name.
8. This Court considered the rival submissions made by the
respective parties and perused the material available on
record. It is not in dispute that the learned Magistrate had
issued N.B.Ws. against the petitioner on 28.02.2023 and the
petitioner filed petition for recalling of N.B.Ws., vide
Crl.M.P.No.1770 of 2023, invoking the provisions of Section
70(2) of the Cr.P.C. The learned Magistrate while allowing the
petition on 26.04.2023 imposed three conditions and
condition No.(i) is that the petitioner shall appear before the
Court within three months i.e., on 26.07.2023 and on his
arrival, he shall surrender his passport before this Court.
9. It is also not in dispute that the petitioner has not
complied with the above said condition imposed by the
learned Magistrate. However, the petitioner approached this
Court and filed the present criminal petition questioning the
above said condition imposed by the learned Magistrate dated
26.04.2023.
10. Even according to the charge sheet, the Investigating
Officer filed charge sheet by recording the statements of LWs.1
to 7 and even according to the parties, C.C.No.2935 of 2024 is
coming up for examination of LW.1 and the presence of the
petitioner is not very much required at this stage, especially
the learned counsel for the petitioner submitted that the
petitioner will appear physically during the course of
examination under Section 313 of the Cr.P.C. and at the time
of pronouncement of the judgment in the said C.C.
11. It is pertinent to mention that the petitioner had not
questioned the issuance of NBW dated 28.02.2023 against
him in the present case. Hence, this Court is not inclined to
deal with the submissions made by the learned counsel
for the petitioner that the learned Magistrate in the absence of
service of summons to the petitioner, issued N.B.Ws.
However, the petitioner filed this criminal petition to the
extent of imposing condition of surrender of passport before
the learned Magistrate.
12. Taking into consideration the peculiar facts and
circumstances of the case, the condition No.(i) imposed by the
learned Magistrate in Crl.M.P.No.1770 of 2023 dated
26.04.2023 is relaxed on the following conditions.
(i) The petitioner/accused No.1 shall execute a
personal bond for a sum of Rs.1,00,000/-(Rupees
One Lakh only) with two sureties for a like sum
each to the satisfaction of the XV Additional Chief
Metropolitan Magistrate, Nampally, Hyderabad,
within a period of one week from today.
(ii) The petitioner/accused No.1 shall appear before
the learned Magistrate on each and every
adjournment through video conference and he
shall represent through his counsel before the
learned Magistrate.
(iii) The petitioner/accused No.1 shall file an
undertaking/affidavit before the learned
Magistrate that he will appear physically at the
time of his examination under
Section 313 of the Cr.P.C. and at the time of
pronouncement of the judgment in C.C.No.1925
of 2024.
(iv) In default of any of the above said conditions, the
learned Magistrate is entitled to proceed with the
matter, in accordance with law.
13. With the above said directions, the Criminal Petition is
disposed of.
Miscellaneous applications, pending if any, shall stand
closed.
________________________
J.SREENIVAS RAO, J
Date: 26.09.2025
Note: Issue C.C. tomorrow.
B/o
mar
