Gaddala Ramakrishna Vs The State of Telangana — Domestic Violence | Telangana HC (2025)

Gaddala Ramakrishna Vs The State of Telangana — Domestic Violence | Telangana HC (2025)

What the court decided

AI extract

Outcome

Personal appearance of the petitioner before the II Additional Judicial First Class Magistrate, Kothagudem, in DVC No.12 of 2021 dispensed with, subject to conditions: (i) constant representation by counsel on record; (ii) affidavit undertaking non-dispute of proceedings conducted in his absence and of his identity; (iii) appearance whenever the Court directs, failing which the dispensation order stands cancelled; Criminal Petition No.4475 of 2025 disposed of and miscellaneous applications closed.

Issue for consideration

Whether the proceedings against the petitioner in DVC No.12 of 2021 before the II Additional Judicial First Class Magistrate, Kothagudem, should be quashed (original prayer of the petition). +1 more

Court's answer

On the confined prayer being granted, the Criminal Petition is disposed of, and miscellaneous applications pending, if any, stand closed. The merits of the quash prayer were not adjudicated.

Ratio / Principle

Attendance/personal appearance of the petitioner before the trial court in DVC No.12 of 2021 is dispensed with, subject to conditions, on the submission of learned counsel for the petitioner.

Key takeaways

Conditions imposed: (i) the petitioner shall always be represented by his counsel on record; and (ii) he shall file an affidavit undertaking that proceedings conducted by his counsel in his absence will not be disputed by him and that he will not dispute his identity.ratio¶27
The petitioner shall appear before the learned Magistrate whenever his presence is required; if he fails to appear when the Court directs, the order dispensing with his attendance shall stand cancelled.ratio¶28

Detailed headnote1 paragraphs

Criminal Petition (S.528 BNSS) by the respondent No.1/accused in DVC No.12 of 2021 (offences under Ss.9(b) and 37(2)(C), Protection of Women from Domestic Violence Act, 2005, pending before the II Additional Judicial First Class Magistrate, Kothagudem) seeking quash of proceedings; during hearing the prayer was confined to dispensation of personal appearance. Holding: attendance dispensed with subject to conditions — (i) petitioner to be always represented by counsel on record; (ii) affidavit that proceedings conducted by counsel in his absence and his identity will not be disputed; (iii) appearance before the Magistrate whenever required, failing which the dispensation order stands cancelled. Petition disposed of; miscellaneous applications closed. Merits of quash not considered. Coram: K. Surender, J. (single Judge).

1325't l

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 4475 OF 2025

Between:

Gaddala Ramakrishna, S/o.Chandraiah, Age 42^years, Occ lncome Tax officer (AU)4(2)(6) Hvderabad Stationed " *u"o'1.."=rroNER/AccusED

AND

The State of Telangana, Represented by its Public Prosecutor, High Court for the State ofTelangana At Hyderabad.

Gaddala Bhargav Laxmi, Wo Ramakrishna, Age 36^years, Occ House Wife Patel Basthi, 2-lncline, Ramavaram Village-

...RESPONDENT/COMPLAINANTS

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 quash the proceedings against the Petitioner/Respondents^No.1 in DVC No.12 of 2021 , on the file of ll Additional Judicial First Class Magistrate at Kothagudem, Khammam District, registered for the offences under section 9(b) and 37 (2)(C) of the Protection of Women from Domestic Violence Act,^2005.

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 grant stay of all further^{proceedings including appearanceof the} Petitioneri Respondents No.1 in respect DVC^No.12 of²⁰²¹ ,^{on the file} of^ll Additional Judicial First Class Magistrate at^{Kothagudem, KhammamDistrict,} registered for the offences under section 9(b)^{and37(2)(C)of the Protectionof} Women from Domestic Violence Act, 2005, till disposal of^{the main quash} proceedings.

This Petition coming on for hearing, upon^{perusingthe Memorandumof} Grounds of Criminal Petition and upon^hearing the^arguments of Sri^{M V} HANUI/ANTHA RAO, Advocate for the Petitioner and Sri^{lvl.Vivekananda Reddy,} the Assistant Public Prosecutor on behalf of^{the Respondent No.'1 and none} appeared for the Respondent No.2.

The Court made the following: ORDER

I I

THE HONOURABLE SRI JUSTICE K.SURIDNDER

CRIMINAL PETITION No.4475 OF 20:25

ORDER:

This Criminal Petition is filed by the petitioner /respondent^No.1, seeking to quash the proceeditrgs against him in DVC.No. 12 of 2O2I, on the file of II Additror al Judicial First Class Magistrate at Kothagudem, Khammam Jistrict.

Heard learned counsel for the petitioner/ r.espon dent No.1 and Sri M.Vivekananda Reddy, learned Assis,ant public Prosecutor for the respondent - State. perused the record.

After arguing for some time, learned couns,el for the petitioner conhnes his prayer to dispense with th : personal appearance of petitioner herein

Considering the submission of learned counr.;el for the petitioner, the attendance of petitioner herein is dispensed with, subject to the following conditions:

i) Petitioner herein shall always be representr:d by his counsel on record

ii) He shall file an affidavit stating that in his absence, the proceedings conducted by his counsel will not be disputed by him in any marner, and he shall not dispute his identity also.

iii) He shall appear before the learned Magistrate as and vvhen his presence is required. In the event of the petitioner,s failure to appear when the Court directs, this order dispensing with his attendance sha_ll stand cancelled.

Accordingly, the Criminal petition is disposed off. Miscellaneous applications pending, if any, shall stand

clo sed.

SD/. K. AMMAJI OEPUTY REGISTRAR

//TRUE COPY//

ECTION OFFICER

To,

The ll Additional Judicial^{First Class Magistrate at Kothagudem'} Khammam District,

Two CCs to the^{PUBLIC PROSECUTOR,High Court at Hyderabad(OUT)} 3 One CC to SRI^{M V HANUMANTHARAO Advocate[OPUC]}

Two CD CoPies

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HIGH COURT

DATED:0210412025

ORDER

CRLP.No.4475 ot 2025

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CRIMINAL PETITION IS DISPO:SED OF

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