Mohd. Maqbool @ Mohammed Maqbool Ahmed, v. The State of Telangana.
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-21. Mohd. Maqbool @ Mohammed Maqbool Ahmed, v. The State of Telangana. Read the judgment and case...
Judgment text
I s303 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO pE2026 cRtMtNAL PETlTlolLNgi ! 1qE Between: Mohd. Maqbool @ Mohammed Maqbool Ahmed, S/o. Lal Mohammad, Aged. 62 yrs, Occ. Business, Rl/o. H. No. 94-1131C115, Tolichowki, Hyderabad. Petitioner/Accused No. 1 AND 1. The State ofTelangana, rep. , by Public Prosecutor, High Court at Hyderabad. 2. Chokakula Venkateshwer Rao, S/o. Pentaiah, Aged. 64 yrs, Occ. Business, ... Respondent No.? Defacto complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the orders passed in Cd. M. P. No. 523 of 2026 in C. C No. 186 of 2014 on the file of the Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate at Zaheerabad. l. A.
NO: 1 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in C. C No. 186 of 2014 on the file of the Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate at Zaheerabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Vamsheedhar Reddy, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, leamed Additional Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2- The Court made the following: ORDER IN THE HIGH COUR T FORT}IE STATE OFTELANGANA AT HYDERABAD SRI JUSTICE J. SREENIVAS RAO THE HONOURABLE o. 6105 of 2026 CRIMINA L PETITI ONN Date :21. 04. 2026 Between: Maqbool Ahmed Mohd. Maqbool @ Mohammed No l . . . Petitioner/accused AND The State of Telangana and another ..
respondents ORDER by the impugned This criminal petition is filed aggrieved by the Additional Junior Civil order dated 26. 032026 passed Judicial First Class Magistrate at Judge-cum-Additional Zaheerabad (for short'the Trial Court') in Crl'M'P'No'523 of 2026 in CC. No. 186 ot 2O14 where-under, the application filed by the petitioner under Section 7O(2) o'f Cr'P C, seeking recall of the 23'03 2026 was Non-Bailable Warrant (for short 'NBW') dated dismissed. Reddy' learned counsel for 2 Heard Sri P. Vamsheedhar Veeramalla, learned Additional petitioner, and Mr. Jithender Rao No'1' Public Prosecutor appearing for respondent . -t z 3. As the petitioner is not seeking any relief against respondent No. 2, notice in respect of respondent No. 2 is dispensed with. 4. Learned counsel for the petitioner submitted that the petitioner is suffering from kidney-related problems and he is undergoing dialysis treatment. Due to the same, the petitioner could not appear before the Trial Court in CC. No.
'186 of 2014 on 23. 03. 2026. However, inspite of the same, the Trial Court has issued Non-Bailable Warrant on the very same day. Subsequently, the petitioner filed an application under Section 70(2) ot Cr. P. C vide Crl. M. P. No. 523 ol 2026 in CC. No. 186 of 2014 lo recall the NBW dated 23. 03. 2026, by enclosing Medical Certificate issued by Civil Surgeon or Medical Officer, Osmania General Hospital. However, the Trial Court without properly considering the averments made in support of the application, has erroneously dismissed the said application through order dated 26. 03. 2026 without assigning any reasons, only on the sole ground that the petitioner was not present physically. Unless this Court recalls the NBW issued against the petitioner, he will be put to great hardship. Learned counsel further submits that the \- ,rr petitioner will appear before the Trial Court through his counsel, presence of adjournment' whenever his on each and every date is required. 5.
The learned Additional Public Prosecutor submitted that the the year 2014 Thus' the Trial Court has matter is pending since petitioner has the petitioner' as the NBW against rightly issued prosecute the before the Trial Court to not cooperated proceedings and there is no irregularity or illegality in the order passed bY the Trial Court made by the the rival submissions 6. Having considered on perusal of the material available and upon respective parties C'C'No 186 petitioner is an accused in record, it reveals that the for the offences punishable under Section 420 of 2Ol4,registered Code The learned Trial Court lndian Penal read with 34 of the thereafter the petitioner on 23'03'2026' issued NBW against the NBW on to recall the said application seeking petitioner filed the of 7O(2) ol day, by invoking the provisions Section the very same on by the Trial Court Cr. P. C. The said application was dismissed 26. 03. 2026.
ThepetitionerhasalsoenclosedacopyofMedical Officer' Surgeon or Medical by Civil Certificate issued the the petitioner wherein it is stated that Osmania General Hospital, weeks ie' from for a period of 4 has to undergo treatment \ . \ 23. 03. 2026. The petitioner has also enclosed the photographs, which reveals that the petitioner's left leg is damaged due to dialysis and ill-health. 7 . Taking into consideration the peculiar facts and circumstances of the case, the impugned order dated 26-03. 2026, passed by the Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate at Zaheerabad in Crl. M. P. No-523 ot 2026 in CC. No. 186 of 2014 is set aside and the NBW dated 23. 03. 2026 issued against the petitioner is recalled, subject to the conditions that the petitioner/accused No. 1 shall furnish a personal bond for a sum of Rs.
25,000/- (Rupees Twenty Five thousand only) with two sureties to the satisfaction of the learned Trial Court and also the petitioner shall file an undertaking that he shall be represented through his counsel on each and every date of hearing. lf the presence of the petitioner/accused No. 'l is required, he shall appear before the trial Court. ln case of non-appearance on the specific date fixed by the trial Court for his appearan@, the trial Court is entitled to proceed with the matter, in accordance with law. 8. With the above directions, the criminal petition is disposed of, accordingly. / a -) Pending miscellaneous applications, if any, shall stand closed RANI : SD'. B. REKHA iiGlsrRAR i rssriiauf / l /TTRUE COPY// e, SECTION OFFICER crass To, Judiciar First Junror civil Judge_cum-Additionar 1. The Additional . lilaoistrate at Zaheerabad' Masistrate At zaheerab-ad , i',i,r'ltittilir.
t cr"t Ivledak District Police station' House ottrcerlT;;;;;';;d 3 The statron relangana at Hvderabad tiisn Cou't ot Publtc 4 Two ccs to the 'j'il;;';:'o-r] Reddv' Advocate [oPUc] Sri P Vamsheedhar , 3. X1" to 6. Two CD CoPies GNK & HIGH COURT DATED: 2110412026 . a:. 1 (i- - ; nrui t(C i\,' t; . -) li 2 0 APB 202 ;r. - \. , i" \. . r -, 'i' )';; a ORDER CRLP. No. 6105 of 2026 DISPOSING THE CRIM! NAL PETITION $,, 1b u 6 r t,
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