Sare Jyothi Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Sare Jyothi Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Personal appearance of the petitioners-accused Nos.1 and 2 before the learned trial Court dispensed with unless specifically required during the course of trial, subject to their representation by counsel on every date of hearing; the order stands vacated automatically on non-appearance on a date specifically fixed for appearance; pending miscellaneous applications closed.

Issue for consideration

Whether the proceedings against the petitioners-accused Nos.1 and 2 in C.C.No.555 of 2024 pending before the learned trial Court are liable to be quashed. +1 more

Ratio / Principle

The Criminal Petition is disposed of dispensing with the appearance of the petitioners-accused Nos.1 and 2 before the learned trial Court unless their presence is specifically required during the course of trial, subject to their being represented by counsel on every date of hearing.

Key takeaways

In case of non-appearance of the petitioners-accused Nos.1 and 2 on a specific date fixed by the learned trial Court for appearance, the order gets vacated automatically.ratio¶¶25
As a sequel, pending miscellaneous applications, if any, shall stand closed.ratio¶¶26-27

Detailed headnote1 paragraphs

Criminal Petition (CRLP No. 1312 of 2025) under Section 528 of BNSS, 2023 by accused Nos.1 and 2 in C.C.No.555 of 2024 on the file of the IV Additional Metropolitan Magistrate-cum-IV Additional Junior Civil Judge, Cyberabad at L.B. Nagar, seeking quashment of proceedings. At hearing, counsel for the petitioners restricted the prayer to dispensing with the petitioners' personal presence. Held, disposing of the petition: the appearance of accused Nos.1 and 2 before the trial Court is dispensed with unless their presence is specifically required during the course of trial, subject to their being represented by counsel on every date of hearing; in case of non-appearance on a date specifically fixed for appearance, the order gets vacated automatically. Pending miscellaneous applications stand closed.

IN THE HIGH .'^{COURT FORTHE STATE OF TELANGANA} AT HYDERABAD

FRIDAY _TWO ,THE^{THIRTY FIRST DAY OF JANUARY} THOUSAND^{ANDTWENTYFIVE}

PRESENT

THE HONOURABLE^{SM.T JUSTICE JUVVADI SRIDEVI}

CRIMINAL PETITIO^{N NO:131 2oF 2025}

Between: lsareJvothi,w/osareVeerannaGoudAgedaborrt40Yrs'occHousehold R/o G4. Sai^{Durgai";;;.'i;;,b;tinNig,,,CrrJitanyapuri'Ranga Reddy} '

1. District Sare^{VeerannaGoud, S/o Krishnaiah Goud} ,1 ^..a^Aoed A ^^A^about ahnr rr 45⁴⁵ Yrs ' Oc c- Asriculture^{R/o G4, illoi;n; i&;;t: irabath Nisarchaitanvapuri'Ransa} Reddy District .....pETlroNERS/AccusED^{No 1 & 2}

o*? ,n" State of Telangana, rep by its Public Prosecutor' High Court for the State

, Bt HfJJf^{SXlll"Yl:t1lii'hv?r'l!} lg?d 3!:ut^{62 Yrs occ AdvocateR/o} - 62: s; i D, is i ro;" ii' E'l il jU n *j ;''*c;;'rt3?X5' *t " [o="{106$ D E N D N o 2

Petition under^{Section 528 OfeNl^SS'ZOZ3praying tlal in ll'e} circumstances^{stated in t-n-"'-frl"'"-u'aumof Groundsof Criminal Petition'the} Hioh Court^{may be ,i""t"J t"quashthe^ oroceedinqs against the} neiitioner/accur"o^{uo ru#JT ii c c r'r"]sssiof zo24'on the file of o Honble lV} Rdditional^{lr/letropolitan'ffigil;;-ilrn--tvnooiti"nal JuniorCivilJudge'} Cyberabad^{at L.B.Nagar}

r.A. NO:^{1oF 20252025}

r.A. NO:^{1oF 20252025} the Petition pleasedMem^u s/accused orandum nder Sect to stay all^{ion ofNo.1 Grounds further 482 and of 2 Cr.P.C Pin C.C.No.555 roceedings of Criminal PraYing includingthaPetition'of 2024t in the on the the circumstances stated the High Court aPPfileearance of lV AdditionalmaY of thebein} petitioner t\iletroPoli tan Magistrate-C^{um-lVAdditionalJ unior CivilJudge,CYberabad at L B} Nagar

ThisPetitionCom.ngonforhearing,uponperusingtheMemorandumof Grounds^{of Criminal petittnand upon hearing the arguments of Sri ALIJALA} PARASHU^{RAMULU ,Advocatefor the PetitionersSRIVEERAMALLA} JITHENDER^{RAO Additional Public Prosecutor PublicProsecutoron behalfof} the Respondent^{No.1 and of None appearedfor the RespondentNo2}

The Court^{made the following: ORDER}

THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI

CRIMINAL PETITION No.13 12 ot 2025

ORDER:

This C;riminal^petition is filed by the petitioners_accused Nos..l and 2 seeking to quash the proceedings against them in c c.No.555 of 2024 pending on the fire of the rearned rV Additionar Metroporitan [/agistrate-cum-lV Additional Junior Civil Judge, Cyberabad at LB Nagar (for short 'learned trial Court,).

it ,

lleard Sri Alijala parashu Ramulu, learned c:ounsel for the petitioners and Sri Jithender Rao Veeramaila, rearned Additionar Public Prosecutor for the State.

Though this Criminal petition is filed for quashing the proceedings, during the course of arguments, learned counsel for the petitioners has n3stricted his prayer to the extent of dispensing with the presence of the petitioners before the learned trial Court.

c,)nsidering the submission of the rearned counser for the petitioners, thrs criminar petition is disposed of dispensing with the appearance of the petitioners-accused Nos.1 and 2 before the rearned trial Court unless therr presence is specifically required during the course of trial, subject to the condition of the petitioners-accused Nos.1 and 2 being rep'esented by their rearned counser on every, date of

2

l I l I I \ i ! l i I i

hearing. ln case of non-appearance^{of the petitioners-accusedNos l} and 2 on the specific date so fixed by the^{learned trial Courtfor} appearance, this Order^{getsvacated automatically.}

As a sequel,^{pending miscellaneous applications,if any, shall}

stand closed.

Sd/. V. KAVITHA ASSIS ANT REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

1'ThelVAdditionalt\4etropolitantvlagistrate_Cum-lVAdditionalJuniorCivil Judge, Cyberabad^{at L B. Nagar}

2.1r,"-sLiiirn^{House officer, chzitanyapuri, potice Station chaitanyapuri,}

Rachakonda

e. d"; cc t" SRI^{ALIJALA PARASHU RAilruLU Advocatp[oPU^c]} i rwb-cc. to tre FJellc^{PROSECUTOR, Highcourt for the state of} Telangana, at HYderabad [OUT]

Two CD CoPies

HIGH COURT

DATED:3f /01/2025

ORDER

CRLP.No.13.t2 of 2O2S

HF- S{A i"6.
(
C:
L) 2 5 rril 2025 n'.)
7.
* 4

DISPOSING OF THE CRIMINAL PETITION