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Anthathi Venkateshwarlu v. The State of Telangana

Telangana HC1 Sept 2025CRLP/11148/2025

Case brief

AI extract

What is this about?

Quashing petition; Section 528 BNSS; C.C.No.15 of 2023; Judicial First Class Magistrate Nakrekal; IPC Sections 447, 427, 506 read with 34; dispensation of accused's personal attendance; representation through advocate; land dispute; status quo order; long-drawn litigation; Kattangur Police Station, Nalgonda; Anthathi Venkateshwarlu v. State of Telangana and Anthathi Pullamma; Criminal Petition No. 1118 of 2025; Telangana High Court at Hyderabad; Justice Tirumala Devi Eada; decided 01-09-2025.

What did the court decide?

Dispensation of the petitioner's personal appearance before the Trial Court, conditional on representation through an Advocate on every date of hearing and presence whenever specifically required during trial; Trial Court directed to dispose of C.C.No.15 of 2023 at the earliest; miscellaneous petitions, if any, closed.

Anthathi Venkateshwarlu Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings against the petitioner in C.C.No.15 of 2023 (offences under Sections 447, 427, 506 IPC) before the Judicial First Class Magistrate, Nakrekal ought to be quashed under Section 528 BNSS. +1 more

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Court's answer

The Criminal Petition seeking quashing of C.C.No.15 of 2023 is disposed of, directing the learned Trial Court to dispose of C.C.No.15 of 2023 at the earliest; the prayer for quashing was not granted.

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Ratio / Principle

The presence of the petitioner/accused is dispensed with before the Trial Court, provided the petitioner is represented through an Advocate on every date of hearing and remains present before the Trial Court whenever specifically required during the course of trial.

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Detailed headnote1 paragraphs

Telangana High Court (Justice Tirumala Devi Eada) disposed of a Criminal Petition under Section 528 BNSS filed by Anthathi Venkateshwarlu seeking quashing of proceedings in C.C.No.15 of 2023 for offences under Sections 447, 427, 506 read with 34 IPC pending before the Judicial First Class Magistrate, Nakrekal. Noting long-drawn litigation between the petitioner and the de facto complainant (Respondent No.2, Anthathi Pullamma), multiple pending inter-se cases and status quo orders from the High Court, the Court declined to quash the proceedings and instead dispensed with the petitioner's personal attendance before the Trial Court, conditional on his representation through an Advocate on every date of hearing and his presence whenever specifically required during trial, and directed the Trial Court to dispose of the case at the earliest. Miscellaneous petitions were closed.

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I I I I I t i ! ij ii ti :l I I :t 'i rl

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE TTRUMALA DEVI EADA

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CRIMINAL PETITION NO: 111'A OF 2025

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Between:

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Anthathi Venkateshwarlu, S/o Anthathi Ramulu, Aged about 56 years, Occ Private Service, R/o Kattangur Village, Kattangur Mandal, Nalgonda District

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...Petitioner

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AND

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The State of Telangana, Represenbd through Public Prosecutor, At Telangana High Court, Hyderabad

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Anthathi Pullamma, Wo Anthathi Ramulu Aged about 55^years, Occ - Agriculture R/o Kattangur Village, Kattangur Mandal, Nalgonda District. Pin Code - 508205. Mobile No.9966722284

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...Respondents

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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 entire proceedings in C.C No.15 of 2023^pending before the Hon'ble Judicial First Class Magistrate, at Nakrekal for the offences under section 447,427 and 506 of IPC in the interest of^justice.

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l.A. NO: 1 OF 2025

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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.15 of 2023 pending before the Hon'ble Judicial First Class Magistrate, Nakrekal at Nakrekal till disposal of the criminal petition in the interest of^justice.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S Akhilesh Reddy, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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I I I I I

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t t

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THI= HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA GRIMINAL PETITION No.l1'tll8 of 2025

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ORDER:-

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik liuraksha Sanhita, 2023 seeking to quash the proceedings against the petitioner in C.C.No.1 5 of 2023 on the file of the learned Judicial F:irst Class Magistrate, Nakrekal.

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He,ard Sri S.Akhilesh Reddy, learned counsel for the petitioner as well as Sri Jitender Rao Veeramalla, the leamed Assistant Public Proseculor appearing for the respondent No.1-State.

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Le,arned counsel for the petitioner has submitted that the de facfo complainant has in fact trespassed into the land of the petitione'r and got filed this false complaint against him. He further submitte:d that there is long drawn litigation between both parties and that the'7 have status^quo order in their favour. He further submitted that the: petitioner himself is the^paftedar of more than Ac.3.00 guntas of land and that he never interfered into the land of the de facfo complainant and that the complaint is falsely filed against him to settk) the scores and therefore^prayed to quash the proceedings against him.

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I'he learned Additional Public Prosecutor has submitted that there are various proceedings^pending between both the parties and

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j? {

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there are multiple cases pending before the Courts, hence^prayed to dismiss the^petition.

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Perused the record. ln the^present case, the^petitioneris facing allegations under Sections 447, 427, 506 read^{with 34 IPC} and the case is pending vide C.C.No.15 of 2023 before^{the learned} Judicial First Class Magistrate, Nakrekal. As^{per the submissionsof} the petitioner's counsel also, there are cases^{pending betweenthe} de facto complainant and, the^petitioner herein^{and they have also} got status quo order in the High Court as well. Hence, it is deemed appropriate to dispose of the^petition by^{dispensing with the} attendance of the^petitioner before the Trial^Court.

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ln the resutt, the Crimina! Petition is disposed^{of directingthe} tearned Trial Court to dispose of C.C.No.15^{of 2023 at the earliest.} However, the^presence of the^{petitioner/accusedis dispensedwith} before the Trial Court^provided that the^{petitioneris represented} through an Advocate on every date of hearing^{and that he shall be} present before the Trial Court whenever he is specifically required during the course of trial.

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