Smt Vijaymala Vs Smt. Vanitha Pawar — Murder and Culpable Homicide | Telangana HC (2025)

Smt Vijaymala Vs Smt. Vanitha Pawar — Murder and Culpable Homicide | Telangana HC (2025)

What the court decided

AI extract

Outcome

Quashing of proceedings refused; personal appearance of petitioners/accused Nos.2 and 3 in S.C.No.198 of 2024 dispensed with, subject to their representation by counsel on every date of hearing unless their presence is specifically required, with liberty to the trial court to proceed in accordance with law on any non-appearance; pending miscellaneous applications closed.

Issue for consideration

Whether the proceedings in S.C.No.198 of 2024 against the petitioners/accused Nos.2 and 3, for the offence punishable under Section 304-B IPC, should be quashed. +1 more

Court's answer

The court was not inclined to quash the proceedings against the petitioners because the final report contains specific allegations against them.

Ratio / Principle

Taking into consideration the occupation of the petitioners, the presence of the petitioners/accused Nos.2 and 3 in S.C.No.198 of 2024 before the V Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar was dispensed with.

Key takeaways

The dispensation is conditional on the petitioners/accused Nos.2 and 3 being represented by their counsel on every date of hearing, unless their presence is specifically required during the course of the trial.ratio¶43
In the event of non-appearance of the petitioners/accused Nos.2 and 3 on any date fixed by the trial court, the trial court shall be entitled to proceed with the matter in accordance with law.ratio¶43
The V Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar was directed to decide the matter on his own merits based on the evidence adduced by the prosecution as well as the defence, uninfluenced by any of the observations in this order.ratio

Detailed headnote1 paragraphs

High Court for the State of Telangana (J. Sreenivas Rao, J.), 09.12.2025, disposed of CRLP.No.16277 of 2025 under Section 528 BNSS filed by Smt Vijaymala and Sri Laxman Rao Chitte, accused Nos.2 and 3 in S.C.No.198 of 2024 (V Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar) for an offence punishable under Section 304-B IPC. Finding specific allegations against the petitioners in the final report, the court declined to quash the proceedings, but, considering their occupation, dispensed with their personal appearance subject to their being represented by counsel on every date of hearing unless their presence was specifically required; on any non-appearance the trial court was entitled to proceed in accordance with law. The trial court was directed to decide the matter on its own merits on the evidence of the prosecution and defence, uninfluenced by the court's observations. Pending miscellaneous applications closed.

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY,THE NINTH DAY OF DECEMBER TWO I'HOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS^RAO

StII'[Tl TI NO: 1 277 3)F 2025

'1. Smt Vijaymala, Wo Laxman Rao Chitte aged 51 yqqrs.occPl housewife R/o Bedakunda Viilage, Kamala Nagar^{Taluq, Bidar District,Ka} rnataka State585436

Sri Laxman Rao Chitte, S/o^{Manikaged55 years occpn labour, R/o} Bedakunda Village, Kamala^{Nagar Taluq,BidarDistrict, Karnataka-585436}

...PETITIONER/ACCUSED No'^{2 & 3}

AND

'1. Smt. Vanitha Pawar, Wo Late Jagannadha Rao aged 45 years occpn Agriculture R/o Krishnapur^{Village, ChincholiTq, Gulbarga District585307}

... RESPONDENT'COMPLAI

The State of Telangana,,^{representedby thePublicProsecutor, High Courtof} Judicature at Hyderabad

...RE''.NDENT/RES'.NDENT

Petition under Section 528^{of BNSS praying that in the circumstances stated} in the Memorandum of Grounds^{of Criminal Petition,the High Courtmay be} pleased to quash the prosecution against the^{AccusF,dno. 2 and 3 in S C' No'198} ol 2024 on the file of the^{Vth Additional District and Sessions..JudgeRanga Reddy} At L.B. Nagar in the interest^{of justice.}

Petition under section 528 of^{BNSSpraying thatin the circumstances stated} in the Memorandum of^{Groundsof Criminal Petition,the High Courtmay be} pleased to stay all further^{proceedingsin} s.c. ry^{'!98 o1 2024on the file of the vth} Additional Disirict and Sessions^{Judge Ranga Reddy At L'8. Nagar by dispensing} with the^personal attendance^{of the petitioners/ accusedno.2and 3, pending} disposal of these^{proceedingsin this Court, in the interest of justice.}

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing ine aiguments of Sri Aadesh Varma ,Advocate for the Petitioners and Sri Jithender Ra-o Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No. 2 and None appeared for Respondent No.1

The Court made the following: ORDER

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS^RAO

No.1

Date: 09.12.2025

Between:

Smt Vijaymala and another

.petitioners

AND

Smt. Vanitha^{Pawar and another}

.respondents

ORDER

This Criminat Petition has been^{filed seeking to quash the}

proceedings in S.C.No.198 of 2024, on^{the file of learnedV}

Additional District and Sessions^{Judge, Ranga Reddy Districtat}

L.B. Nagar, wherein the^{petitioners were arrayed as accused} Nos.2 and 3, for the offences^{punishable under Section304-8 of}

the Indian'Penal Code,^{1860 (for short'IPC').}

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Heard Mr. Aadesh Varma, Ieamed counsel for the petitioners appeared through video conference and Mr. Jithendar Rao Veeramalla, learned Additional public prosecutor for respondent No.2.

Learned counsel for the petitioners submits that the petitioners have not committed alleged offence and they were falsely implicated in the present crime. Even according to the allegations made in the complaint, do not attract the ingredients under Section 304-8 of IpC. Hence, the continuation of proceedings against the petitioners is a clear abuse of process of law. Though the criminal petition was filed seeking to quash the proceedings in S.C.No.l98 of 2024, the learned counsel for the petitioners restricted his prayer requesting this court to dispense with the appearance of the petitioners/accused Nos.2 and 3 in S.C.No. 198 of 2024, on the file of Ieamed V Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar.

Per contra, learned Additional public prosecutor submitted that there ur" rf"dn" allegations against the petitioners to attract the ingredients of Section 304-8 of IpC. Whether the petitioners

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have committed^{the offence or not has to be revealed duringthe} course of^{investigation.Hence,the petitioners are not entitled to} seek^{quashmentof proceedings againstthem. Thus, the criminal} petition is liable to^{be dismissed.}

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Having considered^{the rival submissionsmade by the} respective^{parties and after perusal of the material availableon} record, it reveals^{that there are specific allegations levelledagainst} the petitioners^{in the final report.Thus, this court is not inclined} to quash the^{proceedings against the petitioners.However, taking} into consideration^{the occupationof the petitioners,the presence} of the^{petitioners/accusedNos.2 and 3 in S.C.No-198of 2024, on} the fite of^{learned V AdditionatDistrict and Sessions Judge,} Ranga Reddy^{Districtat L.B. Nagar,is dispensedwith, subject to} the condition^{that the petitioners/accused Nos.2 and 3 shallbe} represented by their^{counselon everydate of hearing,unless} their presence^{is specificatlyrequiredduring the course of the} trial. In the^{event of non-appearanceof petitioners/accused} Nos.2 and 3 on^{any date so fixed by the trial Court, the trial} Court shall be^{entitled to proceedwith the matterin accordance}

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with law. The learned v Additional District and Sessions Judge,

Ranga Reddy District at L.B. Nagar is directed to decide the matter on his own merits basing on the evidence adduced by the prosecution as well as defence, uninfluenced by any of the observations

Accordingly, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand

closed.

SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR C

//TRUE COPY//

SECTION OFFICER

To,

The V Additional District and Sessions Judge Ranga Reddy At L.B. Nagar 2. The Xl Additional Metropolitan Magistrate, cyberabad afRajendranagar 3. The Station House Officer, Rajendranagar Police Station, Cyberabad Commissionerate

Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT)

One CC to SriAadesh Varma, Advocate [OPUC]

Two CD Copies

fi, Sa/PSL

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/

.i

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HIGH COURT

DATED:09112l,2025

ORDER

CRLP.No.16277^{ot 2025}

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DISPOSING^{OF THE CRIMINALPETITION}