Mr.Nomula Ailaiah @Ilaiah Vs The state of Telangana — Dowry and Cruelty | Telangana HC (2025)

Mr.Nomula Ailaiah @Ilaiah Vs The state of Telangana — Dowry and Cruelty | Telangana HC (2025)

What the court decided

AI extract

Outcome

Personal presence of the petitioners/accused Nos.2 to 6 in S.C.Spl.No.53 of 2025 dispensed with, subject to their being represented by counsel on every date of hearing unless their presence is specifically required during trial; on non-appearance, the trial Court may proceed in accordance with law. Quashing of proceedings was not adjudicated; no opinion was expressed on the merits.

Issue for consideration

Whether the proceedings in S.C.Spl.No.53/2025 (Crime No.196/2024, P.S. Koutala) against the petitioners/accused Nos.2 to 6, for offences under Section 85 BNS-2023, Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Section 3(1)(r)(s) of the SC/ST (POA) Act, 1989, ought to be quashed. +1 more

Ratio / Principle

Without expressing any opinion on the merits of the case, the presence of the petitioners/accused Nos.2 to 6 in S.C.Spl.No.53 of 2025 before the learned Special Judge for the Trial of Cases under SC/ST (POA) Act at Adilabad is dispensed with, subject to the condition that they shall be represented by their counsel on every date of hearing, unless their presence is specifically required during the course of the trial.

Key takeaways

In the event of non-appearance of the petitioners/accused Nos.2 to 6 on any date fixed by the trial Court, the trial Court shall be entitled to proceed with the matter in accordance with law.ratio¶45-46
Accordingly, the criminal petition is disposed of, and pending miscellaneous applications, if any, shall stand closed.ratio¶66

Detailed headnote1 paragraphs

Criminal Petition (S.528 BNSS) — petitioners/accused Nos.2 to 6 sought quashing of S.C.Spl.No.53/2025 (Crime No.196/2024, P.S. Koutala) pending before the Special Judge for SC/ST (POA) Act cases at Adilabad for offences under S.85 BNS-2023, SS.3 & 4 Dowry Prohibition Act, 1961 and S.3(1)(r)(s) SC/ST (POA) Act, 1989 — at hearing, counsel restricted the prayer to exemption from personal appearance, which the Additional Public Prosecutor did not oppose — Held: without expressing any opinion on the merits, presence of petitioners/accused Nos.2 to 6 dispensed with, subject to their representation by counsel on every date of hearing unless their presence is specifically required during trial; on non-appearance the trial Court is entitled to proceed in accordance with law — Criminal Petition disposed of; pending miscellaneous applications closed.

IN THE HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD}

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION NO: 17086 OF 2025

Between:

[t4r.Nomula Ailaiah @llaiah, S/o.tvlallaiah, Aged.67^{yrs, Occ.-Vegetable} Vendor, R/o. Ramannagudem, Jaffaragudem, Ashwaraopalle^Village, Raghunathpalle [VIandal, Warangal District.

Smt.Nomula Rena@Renuka, W/o.llaiah @ Ailaiah,^{Aged.5Syrs, Occ.-} Ramannagudem Vegetable Vendor, Rl/o.Ramannagudem, Jaffaragudem, Ashwaraopalle Village, Raghunathpalle [\4andal, Warangal District.

Nomula Sampath, S/o.Ailaiah @^{llaiah,Aged.31 yrs, Occ.-CarDriver,} R/o.H.No.5-74, Ramannagudem, Jaffaragudem, Ashwaraopalle^Village, Raghunathpalle I\4andal, Warangal District.

Asuri Mamatha @ Nomula lvlamatha, D/o.Somaiah, Aged.30^{yrs, Occ.House} Wife, Flio.H.No .5-1-4512, Sanjay Nagar, Jangaon Mandal, Warangal^District

5 Nomula Santosh, S/o.Ailaiah@ llaiah, Aged.25^{yrs, Occ.-Student,} R/o.H.No.12-1'1-109, Namalagundu, Near Tharuni Super^[t4arket, Sitaphalmandi, Secunderabad.

...PETTTtONEFvACCUSED(S)

AND

The state of Telangana, rep by its Public Prosecutor,^{High Courtfor the State} of Telangana, Hyderabad.

Smt.Goleti Rajeshwari, W/o.Nomula Sanjeev, D/o.Goleti^{Bapu, Aged.32yrs,} Occ.-House Wife, R/o.Thalodi Village now Present at Sadashivpet^Koutala.

...RESPONDENT/COMPLAINANTS

Petition under Section 528 of BNSS^praying that in^the circumstances stated in the Nlemorandum of Grounds^{of Criminal Petition,the} High Court may be^pleased to QUASH the^{proceedings in S.C.SPL.No.53/2025} (Crime No.196/2024 registered by the^police officials SHO,^{P.S.Koutala)'} pending on the file of the Special Judge for The Trial of Cases Under SCs/STs (POA) Act at Adilabad against the^petitioners herein for the offences^punishable under sections 85 BNS-2023, 3 and 4 of^D.P. Act,^{3(1) (r) (s), SCs/STs(POA)} Act-l989 (Amendment Act-2015) and consequently^{pass such other orderor} orders as this Hon'ble Court may deem^{fit and proper in the circumstancesof the} CASC.

l.A. NO: 1OF 2025

Petition under Section 528 of BNSS^pr rying that in the circumstances stated in the lVlemorandum of Grounds of l 'iminal Petition, the High Court may be pleased to stay all further^proceedingtr lncluding personal appearance of the petitioners in S.C.SPL. No.53/2025⁽ lrime No.196/2024 registered by the police officials SHO P.S.Koutala), pendin, on the file of Trial Special Judge for The Trail of Cases Under SCs/STs (POA Act at Adilabad for the offence punishable under section 85 BNS-2023, 3and^z of D.P.Act, 3(1) (r) (s), SCs/STs (POA) Act-1989 (Amendment Act-2015) perr ing d isposal of the above Criminal Petition and^pass such other order or orc :rs as th is Hon'ble Court may deem fit and proper in the circumstances of the ce se.

This Petition coming on for hearing, upon perusing he l'/emorandum of Grounds of Criminal Petition and upon hearing the ir guments of Sri Y SHASHIDHAR REDDY, Advocate for the Petitioner anc Sri. Jithender Rao Veeramalla the Additional Public Prosecutor (TG) on beha I of the Respondent No^'1 . and none aopeared for the Respondent No. 2.

The Court made the following: ORDER

IN TIIE, IIIGH COURT FOR THE S'I)\TE OF TELANGANA A'T' I.IYDERABAI)

TII Ii ITONO U IIABL E S ITI J USTICE .I.S RBENI/AS RAO

CIIIMINAL PE'IITION No.17086 of 2025

Datc:18.12.2025

Betrvecn:

Mr.Nonrula Ailaiah^(g Ilaiah and lbur others

..pctltloners

AND

The State ol l clangana,

Itep. by its Public Prosccutor,

IIigh C.our1 olJudicatr-rrc, Flyderabacl ancl another

...respondents

ORDER

'fhis Criminal Petition has been [iled seeking to quash the

pl'oceedings in S.C.Spl.No.53 ol 2025, on the flle of learned Special Judge tbr the-l'rial of Cascs under SCs/STs^(POA) Act at Adilabacl, wherein the pctitioners were an-ayed as accused Nos.2 to 6, fbr the off-ences punishable under Section 85 of^the Bharatiya Nyaya Sanhitha, 2023, Sections 3 and 4 of^Dowry Prohibition Act, 196l and Section 3 (l)^{(r) (s)} of SC/ST^(POA) Act, 1989 (An.rendment Act, 2015).

2

Fleard Mr'.Y.Shashidhar I{eddy, lcamt,t^{counsel for} -!^thc petitioncrs and Mr.JithcndaL Rao Vecratnalla.^{I :arncdAdditional} I'ublic Prosecutor 1br- r'espontlcut^No.I

I -l'hough thc clirlirral pctition u'as filecl s::king to cluasli thc prtcccclings in S.C.S1tl.No.5l o1'202-i,^{the lca'r ed cotrnsellbl thc} pctitioner-s rcsttictcd his^{pra,verreclucstingthirl Cotrrt kr disperrse} u,ith the appearallce of thc^{pet itio ners/ acclr:;(d Nos.2to (r in} S.C.Spl.No.-53 ol 2025, on^{thcf ile ol learticrlSpccial .ludgelor'} the Trial o1'Cases^{Lrncler SCsi STs (POA)Acl rLr Adilabad}

Thc learrrccl Additionat Public^{Proseculcr has not opposed} thc submissictn uiade by^{thc learnedcottuscllrl pctitiorre-r's}

ln view of thc abovc subtrissions.^and '^{,'ithoutexllresslllg} any opinion on tl're mcrits of^{the case, tl rprcsetlcc of the} petitionclsraccused Nos.2 to 6 in S.C.Spl.No.5 I^{ol'2025, on tlie} lrle ol learucd Spccial Judge lor^{the l'rirof Clases under} SCs/STs^(POA) Act at^{Adilabad,is dispenscI rvith, subjectto} the condition that the^{petitioners/accusedlrt s.2 to 6 shall be} represented by their counsel on^{evely date llhearing, unless} their prescnce is spccifrcally requit'cd^{clurinll the course of the}

3

trial. In the event o1- non-appearalce ol petitioners/accuscd Nos.2

to^(r on any date so fixcd by the trial Coufi, the trial Court shall

bc cntitlcd to tr.1'oceecl rvith tlre uiatter in accordance with law

(r. Accoldingly. the criminal petition is disposed of

Pencling miscctlaneous applications, i1 any, shall stancl

closerl

SD/- B. RE^{KHA RA} SISTANT REGIS R

//TRUE COPY//

ECTION OFFICER

To,

'1 . The Special Judge for The Trial of Cases^{Under SCs/STs (POA) Act at} Adilabad

The SHO^{Koutala Police Station, Kumarambheem Asifabad District'}

One CC to^{SRl.Y SHASHIDHAR REDDY Advocate[OPUC]}

Two CCs to^{PUBLIC PRoSECUTOR, HighCourt for the State of Telangana} at Hyderabad [OUT].

Two CD CoPies

pk t,/-,.:

HIGH COURT

JSRJ

DATED:1811212025

i;.,-;5^Lr.

CRLP.No.17086 of 2025

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CRIMINAL PEITITION IS DISPOSED OF.

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