Adepu Prabhanjan Vs Adepu Pravalika — Telangana HC (2025) — LawSathi Research

Adepu Prabhanjan Vs Adepu Pravalika — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Personal appearance of the petitioners (respondent Nos.1 to 3 in D.V.C.No.21 of 2024) before the trial Court dispensed with unless their presence is specifically required during trial, subject to representation by learned counsel on every date of hearing; the dispensation order stands automatically vacated if they fail to appear on a date specifically fixed for their appearance; miscellaneous applications closed. Quashing not granted.

Issue for consideration

Whether the proceedings in DVC No.21 of 2024 pending before the learned Addl. Judicial First Class Magistrate, Luxettipet ought to be quashed as against the petitioners (respondent Nos.1 to 3 therein). +1 more

Ratio / Principle

On counsel restricting the prayer to dispensation of personal presence, the Criminal Petition is disposed of dispensing with the appearance of the petitioners (respondent Nos.1 to 3 in the DVC) before the learned trial Court unless their presence is specifically required during the course of trial, subject to their being represented by learned counsel on every date of hearing; the proceedings themselves are not quashed.

Key takeaways

If the petitioners fail to appear on a specific date fixed by the learned trial Court for their appearance, the dispensation order stands vacated automatically.ratio¶38
As a sequel to the disposal, pending miscellaneous applications, if any, stand closed.ratio¶39

Detailed headnote1 paragraphs

Telangana High Court (Juwadi Sridevi, J.), Criminal Petition No.2323 of 2025 filed under Section 528 BNSS by Adepu Prabhanjan, Adepu Jayasri and Adepu Rajamouli - respondent Nos.1 to 3 in D.V.C.No.21 of 2024 on the file of the Addl. Judicial First Class Magistrate, Luxettipet - seeking quash of those domestic-violence-case proceedings. During argument, learned counsel restricted the prayer to dispensation of the petitioners' personal presence before the trial Court. Held: the Criminal Petition is disposed of dispensing with the petitioners' appearance unless their presence is specifically required during the course of trial, subject to their being represented by counsel on every date of hearing; on failure to appear on a date specifically fixed for appearance, the order stands vacated automatically. Pending miscellaneous applications closed. Quashing was neither argued nor granted; no precedent was cited or considered.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION NO: 2323 OF 2025

Between:

Adepu Prabhanjan, S/o. Rajamouli, Age 34^years, Occu. Business, R/o.H.No. 1-7-887l2/A Nandi Hills, Hunter Road, Hanamkonda District

...Husband of 1"t Petitioner

Adepu Jayasri, W/o. Rajamouli, Age 54^years, Occu. Household, Ftto.H.No.17-BB7l2lA Nandi Hills, Hunter Road, Hanamkonda District

Adepu Rajamouli, S/o. Rajeevu Age 58^years, Occ. Pvt. Job R/o.H.No.1-7887l2lA Nandi Hills, Hunter Road, Hanamkonda District

...in-laws of 1"t Respondent

...Petitioners

AND )

1 . Adepu Pravalika, Wo. Prabhanajan, Age 27^yearc, Occu Household

...Wife of 1"t Petitioner

Adepu Namasvi, D/o. Prabhanjan, Age 4^years, Occu. Student, being minor rep by her natural mother/guardian i.e., Adepu Pravalika

.. .Son of 1"t Petitioner

Both are R|/o. Mittapally village, Luxettipet Mandal of Mancheriat District

The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad

...Respondents

Petition under Section 528 of BNSS^praying that in the circumstances stated in the Memorandum of Grounds of^Criminal Petition, the High^{Court maybe} pleased to Quash the Proceedings in DVC No.2112024 on the file of the learned Addl. Judicial First Class Magistrate at Luxettipet.

l.A. NO: 2OF 2025

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 of further proceedings in DVC No.2'l12024 on the file of the learned Addl. Judicial First Class Magistrate at Luxettipet including the dispensation of the personal attendance of the^petitioners before the trial Court pending disposal of the main Petition in the interest of^justice.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Byrapaka Jayakar, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1.

The Court made the following Order :

r

t I

THE HONOURABLE^{SMT. JUSTICE JUWADISRIDEVI}

CRIMINAL PE^{TITIONNO.2 323 ot 2025}

ORDER

This Criminal^{Petition is filed by the petitioners-respondent} Nos.1 to 3 seeking^{to quashthe proceedings against themin} D.V.C.No.21^{ot 2024 pending on the file of the learned trial Court'}

Heard^{Sri Byrapaka Jayakar' learned counselfor the} petitioners and Sri^{Jithender Rao Veeramalla, learned Additional} Public Prosecutor^{for the State.}

Though^{this Criminal Petition is filed for quashingthe} proceedings, during the^{course of arguments, learned counselfor} the^{petitionershas restricted his prayer to the extent of} dispensingwiththepresenceofthepetitionersbeforethelearned trial Court

Considering^{the submission of the learnedcounsel} for the^{petitioners, this CriminalPetitionis disposed of dispensing} with the appearance^{of the petitioners-respondent Nos'1 to 3} before the learned^{trial courtunless their presence is specifically} required during^{the course of trial, subject to the condition of the} petitioners-respondent^{Nos.1 to 3 being representedby their} learned counsel^{on every date of hearingln case of non-}

2

appearance of the petitioners_respondent Nos..l to 3 on the specific date so fixed by the learned trial Court for appearance, this Order gets vacated automatically.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

sd/- r^{CHANDEti,SfHIE,EFRRX}

\

//TRUE^COPY//

i\L__ ECTION^OFFICER

To, 1 . The^{Additional JudicialFirst Class Magistrate at Luxettipet}

2TwoCcStothePUbliCProsecutor'HighCourtfortheStateofTelangana, HYderabad [OUTI

One^{CC to Sri Byrapaka Jayakar' Advocate IOPUC]}

Two^{CD CoPies}

N

HIGH COURT

JS,J

DATED:1 810212025

ORDER

CRLP.No.2323 of 2025

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DISPOSING OF THE CRLP