THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.9533 OF 2010 ORDER: 1 This petition is filed questioning the N.B.W issued against the petitioner by the learned II Metropolitan Magistrate, Cyberabad at L.B. Nagar, in connection with C.C.No.483 of 2010 taken on file for the offence punishable under section 498-A of IPC and under sections 3 and 4 of the Dowry Prohibition Act. 2 Brief facts are that on the basis of a report given by the wife of the petitioner a case in Cr.No.405 of 2009 was registered by the P.S. L.B. Nagar on 04.04.2009 against the petitioner and two others for the offence punishable under section 498-A of IPC and under sections 3 and 4 of the Dowry Prohibition Act. Questioning the said proceedings the petitioner preferred Criminal Petition No.4946 of 2009 and this court was pleased to dispose of the said petition on 03.11.2009 observing as follows: “In the circumstances, it is directed that the investigation and consequential steps on the basis of result of investigation shall go on and that the petitioner shall not be arrested till filing of charge sheet, if any.” 3 Pursuant thereto, it appears, after investigation a charge sheet was filed on 25.12.2009 and the learned Magistrate took cognizance of the same as C.C.No.483 of 2010. As the petitioner was never arrested and it is an offence falling under section 498-A of IPC, the trial court issued N.B.W. against the petitioner and adjourned the matter to 08.10.2010. As stated supra, the same is questioned in this petition. 4 Heard. 5 Apparently, by virtue of interim stay of arrest granted by this court in Criminal Petition No.4946 of 2009, the petitioner could not be arrested on the earlier occasion. Now that the charge sheet is filed, in my considered view, the court below is justified in issuing N.B.W. against the petitioner. Hence I see no reason to quash the said proceedings. However, as the petitioner has expressed his willingness to surrender before the court below in connection with the said case, he is hereby directed to surrender before the court below within a period of fifteen days from today and on such surrender and filing an application under section 70(2) Cr.P.C. to recall the said warrant, the court below may consider the said application and pass necessary orders duly imposing appropriate conditions. 6 This petition is accordingly disposed of at the stage of admission. -------------- 24.09.2010 Kvsn