Banothu Madan Lal vs The State Of Telangana
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Telangana High Court

Banothu Madan Lal vs The State Of Telangana on 13 April, 2026

IN THE HIGH COURT FOR THE STATE OF TELANGANA
                AT HYDERABAD

  THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

           CRIMINAL PETITION No.5426 of 2026

                        Date:13.04.2026

Between:

Banothu Madan Lal
                                         ...petitioner/accused No.3
                              AND

The State of Telangana, through S.H.O.,
Adilabad-II Town Police Station, Adilabad District,
Rep. by its Public Prosecutor, High Court, Hyderabad and another
                                                    ...respondents

                            ORDER

This Criminal Petition has been filed under Section 528

of the Bharatiya Nagarik Suraksha Sanhita, 2023, (for short 'the

BNSS') by the petitioner/accused No.3 seeking to quash the

proceedings in C.C.No.414 of 2019 on the file of II Additional

Junior Civil Judge Court-cum-II Additional Judicial First Class

Magistrate at Adilabad, registered for the offences punishable

under Section 420 of the Indian Penal Code, 1860 (for short

'IPC').

2. Heard Gajanand Chakravarthi, learned counsel for the

petitioner appearing through video conference and Mr. Jithender

Rao Veeramalla, learned Additional Public Prosecutor for

respondent No.1.

3. Though the criminal petition was filed seeking to quash

the proceedings in C.C.No.414 of 2019, the learned counsel for

the petitioner restricted his prayer requesting this Court to

dispense with the appearance of the petitioner/accused No.3 in

C.C.No.414 of 2019 on the file of II Additional Junior Civil

Judge Court-cum-II Additional Judicial First Class Magistrate at

Adilabad, on the ground that the petitioner is working as

Manager in Bank of India. Hence, it is very difficult for the

petitioner to appear on each and every date of adjournment in the

trial Court. As such the learned counsel sought for dispensing

with the presence of petitioner before the Trial Court.

4. At this juncture, the learned Additional Public Prosecutor

submitted that the Trial Court issued Non-Bailable Warrant (for

short 'NBW') against the petitioner on 07.04.2026 and the same

is pending. Unless the said NBW is recalled, the petitioner is not

entitled to seek dispensing with the appearance of the petitioner

before the Trial Court.

5. The learned counsel for the petitioner has not opposed the

submissions made by the learned Additional Public Prosecutor.

However, the learned counsel for the petitioner requested this

Court to grant liberty to the petitioner to avail the remedies

available under law.

6. Taking into consideration the peculiar facts and

circumstances of the case and also the submissions made by the

learned counsel for the petitioner, without going into the merits

of the case, this Criminal Petition is disposed of by granting

liberty to the petitioner to avail the remedies available under law,

by filing appropriate application before the Trial Court seeking

recall of NBW issued against him.

7. Accordingly, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO

13.04.2026 ggd