Gavvala Hari Prasad Vs State of Telangana — Telangana HC (2025) — LawSathi Research

Gavvala Hari Prasad Vs State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dispensation from personal appearance of the petitioner/accused before the trial Court unless his presence is specifically required during the course of trial, subject to the condition that the petitioner is represented by his counsel on every date of hearing; pending miscellaneous applications closed

Issue for consideration

Whether the proceedings in S.C.No.25 of 2024 against the petitioner/accused, pending before the XIII Addl. District and Sessions Judge, L.B. Nagar, are liable to be quashed under Section 528 of the BNSS Act, 2023 +1 more

Ratio / Principle

The criminal petition is disposed of by dispensing with the appearance of the petitioner/accused before the trial Court unless his presence is specifically required during the course of trial, subject to the condition that the petitioner is represented by his counsel on every date of hearing.

Key takeaways

Pending miscellaneous applications, if any, shall stand closed.ratio¶24

Detailed headnote1 paragraphs

High Court for the State of Telangana (Juvvadi Sridevi, J.), Criminal Petition No. 1773 of 2025, decided 07.02.2025: Petition under Section 528 of the BNSS Act, 2023 by the accused (an AR police constable) in S.C.No.25 of 2024, pending before the XIII Additional District and Sessions Judge, Ranga Reddy District at L.B. Nagar, registered for offences under Sections 376(2)(n) and 420 IPC, seeking quashing of the proceedings. During arguments, learned counsel for the petitioner restricted the prayer to dispensing with the petitioner/accused's personal appearance before the trial Court. The Court disposed of the petition, dispensing with the petitioner's appearance unless his presence is specifically required during the course of trial, subject to the condition that the petitioner is represented by his counsel on every date of hearing. Pending miscellaneous applications, if any, were directed to stand closed. An interim application under Section 482 Cr.P.C. had sought stay of further proceedings including the petitioner's appearance. No finding was recorded on the quashing prayer itself; no precedents were cited.

13257 l

HIGH COURT FOR THE STATE OF TELANGANA FRIDAY HE SEVENTH DAY OF FEBRUARY TWO IHOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION NO: 1773 oF 2025

Between:

Gavvala Hari Prasad, Sio !a_te_ -Manik Rao, Aged about 34 years, Occ. AR police constable. R/O. H. No.12-1-485/59/35,shyam Nagar, Asif Nagai, Hyd'erabad

,.PETtTtONER/ACCUSED(S)

AND

'l . State of Telangana,_Rep b_ylt! Public prosecutor, High Court of judicature at Hyderabad,For the State of T.S Through.p.S. [/adha[ur ,

Kadarnanda Srilatha, D/o Kadamanda Nambaiah Aged about 36 years, Occ. pvt Employee, R/o. Shiva Shankar Womens Hostel,-KpHB, Hydeiabad, N/o M u nja mpa lly, J ag ith ya la

...RESPONDENT/COMPLAINANTS

Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminil petition, the High Court may be pleased to quash the SC,No.2S of 2024, pending on the file of the Honble xlll Addl District and session Judge R.R District at L.B.Nagar against the Petitioner/accused in the interest of justice,

l.A. NO: 1OF 2025

Petition under Section 482 ot Cr.p .C 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. cc.No .2s of 2024 pending on the fiie of the Honble Xlll Addl. District and Sessions Judge at L.B. Nagar including appearance of the petitioner/ accused, pending disposal of the criminal petition.

This Petition coming on for hearing, upon perusing the lMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri JEEVAN S, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the public Prosecutor (TG) on behalf of the Respondent No.'1 and none appeared for the Respondent No.2.

The Court made the following: ORDER

7

HON' BLE SMT. JUSTICE^{JUWADISRIDEVI} CRIMINAL PETITI ON No.1773^{ot2025 '}

ORDER:

Petitioner, who is arrayed^{as accused,in S.C.No.25 of 12024on the} file of the Xlll^{Acditional District and SessionsJudge at L.B. Nagar,} Ranga Reddy District,^{registeredfor the offencesunderSections} 376(2Xn) and 420 of^{lPC, is seeking to quash the proceedings against} him.

Heard Sri Jeevan^{Sukale, learned counsel for the petitionerand} Sri Jithender Racr^{Veeramalla, learned AdditionalPublicProsecutor} appearing for the rr:spondent-State^{and perusedthe record.}

Though the^petition is filed^{for quashingthe proceedings during the} course of argumerts, learned counsel^{for the petitionerhas restrictedhis} prayer to the extent of dispensing with the^presence of the^petitioner/ accused before ther trial Court.

Hence, this^petition is disposed^{of dispensing with the appearance of} the petitioner/accttsed before the trial^{Court unless his prresenceis} specifically required during the course^{of trial, subjectto the :ondition of} petitioner being represented by his counsel on every date of hearing.

Pending miscellaneous applications, if any, shall stand <;losed.

To,

Sd/. L, LAKSHMI BABU ASSRTANT REGISTRAR //TRUE COPY// OFFICER '1s).r,o*-

1 The Xlll Additional Drstrict Judge, Rangareddy District at LB Na{lar

Ca"-*t

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2- The Station House Officer, Police Station, Madhapur, Rangareddy District.

Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT)

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One CC to SRI JEEVAN S Advocate IOPUCI

Two CD Copies

HIGH COURT

DATED:0710212025

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ORDER

CRLP.No.1773 ot 2025

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DISPOSING OF THE CRIMINAL PETITION

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