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CDJ 2026 TSHC 517 My Notes print Preview print print
Court : High Court for the State of Telangana
Case No : Criminal Petition Nos. 9375 & 9377 of 2026
Judges: THE HONOURABLE MR. JUSTICE J. SREENIVAS RAO
Parties : B. Rajesh Reddy Versus The State of Telangana & Another
Appearing Advocates : For the Petitioner: Anuradha Cherukuri, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 25-06-2026
Head Note :-
Indian Penal Code, 1860 - Section 498-A -
Judgment :-

Common Order:

1. These criminal petitions have been filed aggrieved by the orders passed by the learned XIII Additional Chief Judicial Magistrate at Hyderabad in Crl.M.P.Nos.543 of 2026 and 544 of 2026 in C.C.No.2264 of 2019 dated 10.06.2026 respectively, where under the petitions filed by the petitioner seeking to recall the Non-Bailable Warrant (NBW) issued against him on 01.04.2025 and to direct the police to recall the Look Out Circular (LOC) pending against him and to return his passport bearing No.Z3977390 for the purpose of renewal and permission to travel to the U.S.A. for continuation of his employment were dismissed.

2. Heard Mr.J.Pradeep Kiran, learned counsel for the petitioner, Mr.Ch.Srinivas, learned counsel, representing Mr.R.Janakiram, learned counsel for respondent No.2, through video conference and Mr.Jithendar Rao Veeramalla, learned counsel for respondent No.1, in both the criminal petitions. With their consent, these criminal petitions are disposed at the stage of admission.

3. Learned counsel for the petitioner submitted that the petitioner is accused No.1 in C.C. No.2264 of 2019 for the offences punishable under Section 498-A of the Indian Penal Code, 1860 (for short ‘the IPC’) and Section 6 of the Dowry Prohibition Act, 1961 (for short ‘the D.P. Act’). The learned trial Court on 01.04.2025 issued NBW against the petitioner and he had filed Crl.M.P.No.543 of 2026 to recall the NBW and to direct the police to recall the LOC pending against him. He also filed Crl.P.No.544 of 2026 seeking to return his passport bearing No.Z3977390 for the purpose of renewal and permission to travel to U.S.A. for continuation of his employment. The learned trial Court dismissed both the petitions without properly considering the contentions raised by the petitioner though the petitioner is ready and willing to appear before the trial Court whenever his presence is required i.e., at the stage of examination under Sections 251 and 313 of the Cr.P.C. and also at the stage of pronouncing the judgment. The matter before the trial Court is posted to 03.07.2026 for examination of the petitioner under Section 251 of the Cr.P.C. and the petitioner is intending to appear before the trial Court on the said date and ready to face the examination under Section 251 of the Cr.P.C. In spite of the same, the learned trial Court dismissed both the petitions and the same is contrary to law.

4. Per contra, learned counsel for respondent No.2 vehemently contended that the learned trial Court took cognizance on 06.02.2019 and issued summons to the petitioner and since then the petitioner did not appear before the trial Court and not cooperating with the learned trial Court. Due to his non-cooperation, the matter before the trial Court is adjourning from time to time. Hence, the trial Court has rightly dismissed the above two petitions.

5. He further submitted that respondent No.2 filed DVC No.106 of 2022 before the IV Metropolitan Magistrate (Traffic Mobile Court), Hyderabad, claiming various reliefs. In the said case, respondent No.2 filed Crl.M.P.No.501 of 2022 for grant of interim maintenance and the learned Magistrate on 12.09.2022 allowed the said petition in part directing the petitioner to pay an amount of Rs.25,000/- per month towards interim maintenance and the petitioner is due huge amount towards arrears of maintenance.

6. Learned counsel for the petitioner by way of reply submitted that the petitioner had already paid an amount of Rs.5,25,000/- pursuant to the said order and he is ready and willing to pay the amount due if any and the said proceedings are nothing to do with the present proceedings.

7. Having considered the submissions made by the respective parties and after perusal of the material available on record, it reveals that the petitioner is accused No.1 in C.C. No.2264 of 2019 for the offences punishable under Section 498-A of the IPC and Section 6 of the D.P. Act and the trial Court had issued NBW against him on 01.04.2025 due to his non-appearance. The record further reveals that the petitioner came to India on 28.05.2026 pursuant to the orders passed by this Court in W.P. No.16948 of 2026 on 27.05.2026 to perform the last rites of his father, who died on 26.05.2026.

8. According to the learned counsel for the petitioner, the petitioner is in India and he filed Crl.M.P. No. 543 of 2026 seeking to recall the NBW issued against him on 01.04.2025 and to direct the police to recall the LOC pending against him by invoking the provisions of Section 70(2) of the Cr.P.C. The trial Court dismissed the said petition on 10.06.2026. Even according to the parties, the matter before the trial Court was posted to 03.07.2026. During the course of hearing, learned counsel for the petitioner submitted that the petitioner is ready and will to appear before the learned trial Court on 03.07.2026 to face the examination under Section 251 of the Cr.P.C. Even according to the parties, it is not in dispute that the passport bearing No.Z3977390 issued by the competent authority is going to be expired in the month of October, 2026.

9. The record further reveals that the petitioner in Crl.M.P.No.544 of 2026 in para No.10 specifically pleaded that his passport is going to be expired on 04.10.2026 and he needs to renew his visa for the purpose of his employment at abroad, for which he needs to get his passport to be renewed. For the purpose of employment at abroad, his passport should have the validity period minimum six months. For that purpose, the petitioner has filed Crl.M.P.No.544 of 2026 and the same was not considered.

10. Insofar as the contention raised by the learned counsel for respondent No.2 that the petitioner has to pay huge amount towards arrears of the interim maintenance pursuant to the order dated 12.09.2022 passed by the trial Court in Crl.M.P.No.501 of 2022 in D.V.C.No.106 of 2022 is concerned, learned counsel for the petitioner basing on the instructions given by the petitioner submitted that the petitioner is going to pay the arrears of the maintenance amount within a period of two months and he will pay the interim maintenance @ Rs.25,000/- per month till the disposal of the DVC No.106 of 2022. In view of the above said submissions, respondent No.2 is granted liberty to avail the remedies which are available under law, in the event if the petitioner failed to deposit the arrears of the interim maintenance or to pay the interim monthly maintenance, pursuant to the order dated 12.09.2022 passed by the trial Court in Crl.M.P.No.501 of 2022 in D.V.C.No.106 of 2022.

11. Taking into consideration the peculiar facts and circumstances of the case, especially the matter before the trial Court is posted to 03.07.2026 and the petitioner is willing to appear before the trial Court on that day in person to face the examination under Section 251 of the Cr.P.C. and also in view of the reasons assigned in para No.10 of Crl.M.P.No. 544 of 2026, this Court is inclined to recall the NBW issued on 01.04.2025; LOC pending against the petitioner; and learned trial Court is directed to return the passport bearing No.Z3977390 to the petitioner to file necessary application before the concerned authority seeking renewal of his passport and to travel U.S.A., subject to the following conditions;

               i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the learned XIII Additional Chief Judicial Magistrate at Hyderabad.

               ii) The petitioner shall file an undertaking affidavit stating that he shall appear before the trial Court in person whenever his presence is required, especially on 03.07.2026 to face the examination under Section 251 of the Cr.P.C., at the time of examination under Section 313 of the Cr.P.C. and also at the time of pronouncing the judgment in C.C.No.2264 of 2019. On such filing of the affidavit, the trial Court is directed to return the passport bearing No.Z3977390 to the petitioner for renewal and to travel to U.S.A.

               iii) The petitioner shall furnish his travel particulars including residential address, office address at U.S.A., mobile number and e-mail address of the petitioner as well as his employer before the trial Court. In default of any of the above conditions, the trial Court is entitled to proceed with the matter in accordance with law.

12. Subject to the above conditions, both the Criminal Petitions are allowed.

Miscellaneous applications, pending if any, shall stand closed.
 
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