Ketha Eraswamy Vs The State of Telangana. — Telangana HC (2025) — LawSathi Research

Ketha Eraswamy Vs The State of Telangana. — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Personal attendance of petitioner No.2 (Accused No.2) dispensed with subject to three conditions (representation by counsel on record; affidavit undertaking not to dispute proceedings conducted in his absence or his identity; appearance whenever required, failing which the dispensation stands cancelled); miscellaneous pending applications, if any, stood closed.

Issue for consideration

Whether the personal attendance/appearance of petitioner No.2 (Accused No.2) in the pending proceedings in C.C. No. 969 of 2015 may be dispensed with.

Court's answer

The attendance of petitioner No.2 (Accused No.2) is dispensed with, subject to conditions.

Ratio / Principle

Condition (i): Petitioner No.2 shall always be represented by the counsel on record.

Key takeaways

Condition (ii): Petitioner No.2 shall file an affidavit stating that proceedings conducted by the counsel in his absence will not be disputed by him and that he will not dispute his identity.ratio¶30
Condition (iii): Petitioner No.2 shall appear before the Magistrate whenever his presence is required; if he fails to appear when the Court directs, the dispensation order shall stand cancelled.ratio¶31
The Criminal Petition is accordingly disposed of, and miscellaneous pending applications stand closed.

Detailed headnote1 paragraphs

Telangana High Court (Justice K. Surender), disposing of Criminal Petition No. 3335 of 2019 (filed under Section 482 Cr.P.C. by Accused Nos. 1 & 2 seeking quashing of proceedings in CC No. 969 of 2015 before the III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad): learned counsel confined the prayer to dispensing with the personal appearance of petitioner No.2 (Accused No.2). The Court dispensed with his attendance subject to conditions: (i) he shall always be represented by counsel on record; (ii) he shall file an affidavit that proceedings conducted by counsel in his absence, and his identity, will not be disputed; (iii) he shall appear whenever required, failing which the dispensation stands cancelled. Criminal Petition disposed off; miscellaneous applications closed. A stay application (I.A. No. 1 of 2019) in the matter referenced Section 528 BNSS, 2023.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 3335 0F 2019

Between:

'l . Ketha Eraswamy S/o Kullayappa

V.Srinivasulu S/o V.Chandrappa

.. . Petitioners/Accused No.1 & 2

ANO

1.The State of Telangana, represented by its Public prosecutor, High Courlfor the State of Telangana .. Responbeni

Kalti Manjunatha S/o K.Suryanarayana Occ: Business, R/o plot No_67, Malleshwari Apartments, Shalivahana Nagai, Srindgar Colony, Hyderabad

..Respondenl /Defacto Complainant

Petition under Section 482 of Cr.P C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Criminal Proceedings against the petitioners/Accused Nos. 1 & 2 in CC No. 969 of 2015 pending on the file of lll Additional tchief Metropolitan IVlagistrate Court at Nampally, Hyderabad.

lA No. 1 of 2019

Petition under Section 528 of BNSS, 2O23 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 including appearance of the Petitioners/Accused Nos. 1 and 2 in CC No. 96912015 pending on the file of llt Additional Chief Metropolitan Magistrate Court at Nampalty, Hyderabad pending disposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr.C.Haripreeth, Advocate for the Petitioner and Mr. M.Vivekananda Reddy, Assistant public Prosecutor for the respondent No.1 and none appearance for the respondent No.2.

The Court made the following: ORDER:

--,7

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.3335 OF 2019

ORDER:

This Crininal Petition is filed by the petitioners 'A 1 and A 2 to quash the proceedings against them in C.C.1,o.969 of 2015 pending on the file of III Additional Chief Met:'opolitan Magistrate Court at Nampally, Hyderabad.

Heard learned counsel for the petittonr.rs and Sri M. Vivel<ananda Reddy, learned Assistant Public

Prosecutor lor r-he respondent - State. Perused the rer:ord.

Learned <:ounsel for the petitioners confined 1-ri s prayer to dispense rvith the personal appea_rance of petitionr,r No.2 - Accused No.2.

Considering the submission of learned counse for the petitioners, the attendarce of petitioner No.2 hl:rein is dispensed with. with the following conditions

i) Petitioner No.2 shall always be represented by the counsel on rec crd.

I

ii) He shall file al affidavit stating that in his absence, the proceedings conducted by the counsel will not be disputed by him in any manner and shall not dispute his identity a_lso.

iii) He shall appear before the learned Magistrate as and when his presence is required. In the event of the petitioner No.2[ failure to appear when the Court directs, this order dispensing his attendance shall stand cancelled.

Accordingly, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stand closed.

Sd/. B. SARASWATHI ASSIST NT^REGISTRAR //TRUE^COPY// CTION OFFICER

To,

The lll^{Additional Chief Metropolitan lvlagistrate C^ourt at Nampally' Hyderabad} i. rn" Strtio"^{House Officei, Banlara HitGe^oti9eStation'Hyderabad}

O.; cc^{to lrtt.c. Hari preeth, Advocate(OPUC)^} 4. Two CC^{to PUBLIC pnoSiiuron(TG) High Court for the state of Telangana} lourl

Two CD^CoPies

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HIGH COURT

DATED: 31.01 .2025

ORDER

CRLP.No. 3335 of 2019

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DISPOSING THE CRIMINAL PETITION

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