THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.18704 of 2010 ORDER: Petitioner Nos. 2 and 3 are husband and wife, and while petitioner No.1 is their son. Petitioners 2 and 3 are residing at Cherukupalli Village, Post & Mandal, Guntur District. Petitioner No.1 is working as Craftsmen (Telecom Radio) in Indian Army. He worked at several places in the counter, and presently he is working in Secunderabad. He married one Smt. Kunchala Sujatha (hereinafter referred to as ‘the de facto complainant’), resident of Manepalle Village, Pullala Cheruvu Mandal, Prakasam District, on 24.08.2008. The petitioners state that as the de facto complainant left the company of petitioner No.1 on 30.03.2009, he filed O.P. No. 530 of 2009 on the file of the City Civil Court, Hyderabad, seeking restitution of conjugal rights. Seeking transfer of the said O.P. Seeking transfer of the said O.P., the de facto complainant filed Transfer C.M.P. No. 260 of 2009, and this Court, by order dated 16.11.2009 allowed the said application, transferring the said O.P. to the Court of the Senior Civil Judge, Markapur, Prakasam District. While so, the petitioners state that the de facto complainant, alleging that the petitioners harassed her for additional dowry, filed a report before the police on 22.06.2009, and based on the said report, a case in Crime No. 73 of 2009 was registered against the petitioners, under Section 498(A) I.P.C. and Section 4 of the Dowry Prohibition Act, on the file of Tripurantakam Police Station. After completing the investigation, the petitioners state that the police filed charge sheet on 28.11.2009, and the learned Additional Judicial Magistrate of First Class, has taken cognizance of the crime, and numbered the same as C.C. No. 464 of 2009 on 16.12.2009, and issued non-bailable warrants against the petitioners. Seeking recall of the non-bailable warrants, the petitioners approached this Court, and filed Crl. P. No. 1207 of 2010, and this Court in the stay application filed therein in Crl.M.P. No.1136 of 2010, granted interim stay, as prayed for. Despite the said interim order, the petitioners state that respondent No.3, approached respondent No.1- Presiding Officer, the Court of Additional Judicial Magistrate of First Class, Markapur, and obtained non-bailable arrest warrant against petitioner No.1 on 23.04.2010. The grievance of the petitioners is that when petitioner No.1 was out of station of official work, respondent No.2-Station House Officer, Tripurantakam Police Station, came to the place where petitioner No.1 is working and made a propaganda stating that there is a warrant of arrest against petitioner No.1, and further addressed respondent No.4-Commanding Officer, 3 Trg Bn, 1 EME Centre, Secunderabad requesting him to handover the petitioner No.1, for execution of the non-bailable warrant. Hence, the petitioner filed this writ petition, to declare the action of respondent Nos. 2 and 3 and seeking to arrest him despite there being an order passed by this Court, staying the execution of the non-bailable arrest warrant. Today, when the matter is taken up for admission, the learned Assistant Government Pleader for Home, produced written instructions received from respondent No.2, wherein it is stated that this Court by order dated 17.02.2010 passed in Crl.M.P.No.1136 of 2010 in Crl.P.No.1207 of 2010, ordered the stay of arrest of A.1 to A.3 i.e. the petitioners herein, for a period of six weeks. That thereafter, the Additional Magistrate of First Class, Markapur, issued non-bailable warrants against A.1 to A.3, on 23.04.2010; that as A.1 is working as Sepoy in the Office of Commandant, 1 EME Center, T.Coy, 3, Trg. Bn Ammaguda Center, Secunderabad, he addressed a letter to the Commandant, 1 EME Center, T.Coy, 3, Trg. Bn Ammaguda Center, Secunderabad for handing over A.1 to him, for execution of non- bailable warrants; that as the Commandant informed him that A.1 was out of station on official duty at Tirupathi, he could not execute the non- bailable warrant against petitioner No.1, and that petitioner Nos. 2 and 3, who are A.2 and A.3, are absconding, and efforts are being made to apprehend them; that except receipt of non-bailable warrants from respondent No.1-Court, and addressing a letter to the employer of petitioner No.1 (A.1), he did not insult petitioner No.1, at any point of time. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Home. Though the Additional Judicial Magistrate of First Class, Markapur, issued non-bailable warrants against the petitioners, the fact remains, this Court vide orders dated 17.02.2010 passed in Crl.M.P. No. 1136 of 2010 in Crl.P. No.1207 of 2010, granted interim stay as prayed for and directed the matter to be posted after six weeks. However, respondent Nos. 2 and 3-police, have interpreted as if the order is for a limited period of six weeks, and sought to effect the arrest of the petitioners, on the basis of the non-bailable warrants issued by the trial Court. However, today when the matter is taken up, the learned counsel for the petitioners submits that after filing the present writ petition, petitioner No.1 filed an application before the Additional Judicial Magistrate of First Class, Markapur, praying to recall the non- bailable warrants issued against him and his parents, and that the learned Magistrate, had passed orders, withdrawing the non-bailable warrants issued by him earlier. Since the non-bailable warrants issued against the petitioners are withdrawn, nothing remains for consideration in the writ petition. Hence, the writ petition is closed. However, if the petitioners feel that the order passed by this Court in the above-mentioned Crl.M.P., is violated by respondent Nos. 2 and 3, they are at liberty to avail the remedies available to them in law, as against the alleged illegal action of respondent Nos. 2 and 3. There shall be no order as to costs. N.V. RAMANA, J Date: 27.09.2010 va