Disposed

Shaik Irshad v. The State of Telangana

Telangana HC19 Jul 2021CRLP/5050/2021

Case brief

AI extract

What is this about?

The High Court disposed of a criminal petition filed under Section 482 Cr.P.C. It held that the lower court erred in issuing a non-bailable warrant without complying with Section 41-A Cr.P.C. or verifying Section 73 criteria, directing the petitioner to file an application for its recall.

What did the court decide?

Petitioner granted liberty to file an application under Section 70(2) Cr.P.C. to recall the NBW on grounds of non-compliance. Magistrate directed to consider the application immediately and recall war

Shaik Irshad Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2021)

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HIGH COURT FOR THE ST AT HYDERfJEDOF^TELANGANA

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'"{^?6!,'j5,1il,.1._Tlfi,Pf l"o5,ig."

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN cRt MIN ALP ETITI ONN O:50 50 0F 2021

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Between:

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m:^jdiif; idr,":,115,3!"H3:t'Ff^g?.1a::if 3a#3,i'.Afl.n;,i:?,if Tfl ffi ;

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AND

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...PETIT|ONER/ACCUSED No.1

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erabad years, ;ifi;ff i#r]yl,:[Jry?{,lf??rriiif,ifl :i#!:,:t}lr'?s

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...RESPONDENT/DEFACTO COMPLAINANTS

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Petition under sectron 482 0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to quash the c.c. No. 62g5 0f 2o2o on the fire of XV Additionar lVletroporitan [/agistrate at Hyderabad, in the interest of justice.

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l.A. NO: 1 OF 2021

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Petition under section 482 of cr.p.c praying that in the circumstances stated in the lt/emorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings including the arrest of the petitioner / Accused No. 1 ih lieu of the Non-bailable warrant pending in c.c. No. 6295 of 2o2o on the file of XV Addl. Chief lVetropolitan [r/agistrate at Hyderabad, pending disposal of the Criminal Petition in the interest of justice.

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This Petition coming on for hearing, upon perusing the ttilemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lV. A. Ir/ujeeb, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 .

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The Court made the following: ORDER

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THE HONOURABLE^{SRI JUSTICEK' LAKSHMAN}

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C AL PETITIO^{N No.5050 of 202r}

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ORDER:

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This criminal^{petition is filed seekingto quashthe proceedings} in C.C.No.629^{5 of 2020 pending on the file of the XV Additional} Chief Metropolitan^{Magistrate, Hyderabad'}

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The petitioner^{hereinis accusedNo'1 in the above calendar} case. The offences^{alleged against the petitionerare under Sections} 498-4 and 406 of LP.C.^{and Sections 4 and 6 ol the Dowry} Prohibition Act,

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3 . Heard the learned counsel for the^{petitioner and the leamed} Public Prosecutor. Perused the record.

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Learned counsel lor the petitioner, referring^{to the chargesheet} in C.C.No.629 5 of 2020, would submit that the Investigating Officer, without following the procedure laid down under Section 41-A of Cr.P.C. and without serving the notice, laid charge sheet against the petitioner herein. In the charge sheet, the Investigating Officer has requested the Court below to issue Non-Bailable Warrant (NBW) against the petitioner herein and other accused. The Court, without verifying the same, vide order, dated 28.08.2020, issued NBW against the petitioner herein. According to him, issuance of NBW against the petitioner is contrary to law laid down by the Apex Court and this Courl and contrary to Section 73 of Cr.P.C.

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As per Section 73 of Cr.P.C., the Chief Judicial Magistrate or a Magistrate of the first class may direct a warant to any person within

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his local jurisdiction for the arrest ofany escaped convict, proclaimed offender or of any person who is accused of a non_bailable offence and is evading arrest.

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A perusal of the charge sheet would reveal that the leamed Magistrate has not considered the fact that the petitioner is not falling in any of the three categories mentioned above. A perusal of the charge sheet would also reveal that the Investigating Officer has not mentioned with regard to the efforts made by him to serve notice under Section 41-A of Cr.P.C. on the petitioner herein. Learned Magistrate, vide order, dated 28.08.2020,^{withoutconsidering the said} aspects, issued NBW against^{the petitioner. Thus, there are several} triable issues in the above^saidorder'

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Considering the^{said facts,the Criminal Petition is disposed of} granting liberty to the^{petitioner/accusedNo.1 to frie an application} under Section^{70(2) of Cr.P.C. seeking to recall the said NBW issued} against him.^{On fi1ing of such application,the leamed Magistrateis} directed to consider^{the same on the verysameday and recallthe} NBWs^{issued against the petitioneron imposition of certain} conditions to^{its satisfaction'Thereafter, the petitionersha1lappear} before the^{said Court in the said calendarcase'}

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Miscellaneous^{applications, pendingif any' shall stand clgs.ed}

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SD/. K. AMMAJI ASSISTANT REGISTRAR ,/ //TRUE COPY// SECTION OFFIGER

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To,

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1 The XV Additional^{tt/etropolitan l/agistrate at Hyderabad} 2 iii"'striii," H"ute oiiiC&,^{women?olice Statii:n, Charmlnar,SouthZone'} Hvderabad 3 bie CC to Sri.^{l/.A.lr/uieeb, Advocate (OPUC)} 4 i;; CCsitprOLic^{proiecutoi,High Cdurtfor the State of TelanganaHyderabad} (ouT) Two CD CoPies 6 One Spare C^o v

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ks \ tp

HIGH^COURT

DATED:^1910712021

ORDER

CRLP.No.5050 ot 2021

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02 AUG 2021
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Disposing of the CRL.P

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Shaik Irshad v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Shaik Irshad v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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