Pulipati Venkata Naga krishna Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

Pulipati Venkata Naga krishna Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional dispensation of the petitioner/accused's personal presence in C.C.No.10148 of 2022: appearance through counsel on every adjournment and physical presence as and when directed by the trial Court, any lapse in abiding the conditions automatically annulling the order; pending miscellaneous applications, if any, stood closed.

Issue for consideration

Whether the proceedings in C.C.No.10148 of 2022 for the offence under Section 332 IPC, pending before the Chief Metropolitan Judicial Magistrate, Nampally, are liable to be quashed. +1 more

Court's answer

The presence of the petitioner/accused is dispensed with in C.C.No.10148 of 2022 on the file of the Chief Metropolitan Judicial Magistrate, Nampally at Hyderabad.

Ratio / Principle

The dispensation is subject to the conditions that the petitioner appears through his counsel on every adjournment and remains physically present as and when directed by the trial Court; any lapse in abiding these conditions would automatically annul the order.

Key takeaways

With the above direction, the Criminal Petition is disposed of; pending miscellaneous applications, if any, shall stand closed. The quashment prayer itself was not decided on merits.ratio¶33

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (N.Tukaramji, J.), 09-04-2025 — Criminal Petition No.4966 of 2025 under Section 528 BNSS, 2023 by the accused, an advocate aged about 50 years, seeking quashment of proceedings in C.C.No.10148 of 2022 (offence u/s.332 IPC) pending before the Chief Metropolitan Judicial Magistrate, Nampally at Hyderabad. Counsel submitted that the petitioner was prepared to deal with the matter but his physical presence caused severe inconvenience to his occupation; the Additional Public Prosecutor reported no specific objection. The Court dispensed with the petitioner's presence in the Calendar Case, subject to his appearance through counsel on every adjournment and physical presence as and when directed by the trial Court, specifying that any lapse in abiding the conditions would automatically annul the order. With this direction the Criminal Petition was disposed of; the quashment prayer was not adjudicated on merits.

132',t7 I

IN THE HIGH COURT FOR TH STATE OF TELANGANA AT HYDE ABAD

WEDNESDAY, THE NI TH DAY OF APRIL TWO THOUSAND A D TWENTY FIVE

PRES NT

THE HONOURABLE SRI J STICE N.TUKARAMJI

CRIMINAL PETITION O: 4966 OF 2025

Betvveen:

Pulipati Venkata Naga krishna, S/o. P Sathyanarayana, Aged about 50^years occ Advocate, R/o.H.No.16-3-43, Pl No.755, Vasanthnagar, KPHB Colony, Kukatpally, Cyberabad

...Petitioner/Accused

AND

The State of Telangana, Rep, by Publi Prosecutor, High Court of Telangana at Hyderabad.

Srihari HG-2266, OF Traffic Police Sta ion, Charminar Hyderabad ... Respon de nUC ompla ina nt

Petition under Section 528 of BNS praying that in the circumstances stated in the ltlemorandum of Grounds of riminal Petitron, the High Court may be pleased to Call for the records^pertarnin to C.C.No.1014812022 on the file of Chief [\iletropolitan Judicial Magistrate Na pally at Hyderabad for the offences u/s.332 of IPC and quash the same

l.A. NO: 'l OF 2025

Petition under Section 528 of BNS praying that in the circumstances stated in the lVlemorandum of Grounds of riminal Petition, the High Court may be pleased to Stay of all further roceedings in Chargesheet vide C.C.No.'1 0'14812022 on the file of Chi f lvletropolitan J udicial ltlagistrate Nampally at Hyderabad for the offences u/s 332 of IPC rncludtng the appearance of the Petitio n erlAccused

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon he ring the arguments of Sri D Y L^N CHARYULU, Advocate for the Petitioner nd the Public Prosecutor (TG) on behalf of the Respondent No.1 and None^a eared for the Respondent No.2.

The Court made the following: ORDER

,/

I

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION No. 4966 oF 2025

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023,) seeking quashment of the proceedings in C.C. No.10148 of 2022, pending on the file of the Chief Metropolitan Judicial Magistrate Nampally at Hyderabad.

The petitioner is accused in the Calendar Case No.1014g o'f 2022 facing accusation for the offence under Section 332 of tPc.

Heard Mr.D.Y.N.L. Charyulu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No. j-State.

Learned counsel for the petitioner would submit that though the petitioner has the case for consideration for quashment, as he is prepared to deal with the matter and his physical presence is causing severe inconvenience to his occupation, prayed for necessary direction.

Learned Additional Public^prosecutor reported no specific objection for the prayer.

2

ry

Having regard to the submis ions and as the petitioner is prepared to comply with the proces dispensing with his presence in the proceedings in Calendar Ca e subject to the conditions is

found proper

Accordingly, the petitioneis sence is dispensed with in C.C.No.'10148 o'f 2022 on the file the on the file of the Chief Metropolitan Judicial Magistrate Na pally at Hyderabad, subject to the conditions that his appeara ce through his counsel on every adjournment and petitioner' physical presence as and when directed by the trial Court, A ditionally, it is specified that any lapse in abiding the above co ditions would automatically annul this order

With this direction, the Crimina Petition is disposed of

Pending miscellaneous appli ations, if any, shall stand

closed

SD/- MOHD.^ISMAIL DEPUTY^REGISTRAR

//TRUE CO YII SE6n o.r,"r

To,

te NamPallY^{at Hyderabad} 1 The Chief^{triletroP olitan JudicialtVlagistr} lice Station,^Hyderabad 2a The One Station CC^{to SRI HousDe} YLNCHARYULU,A^{Officer, CharminarP} Court fovocate IoPUCI^{r the Stae of Telanganaat} 4 Two CCs^{to the P} ubhc Prosecutor,^High Hvderabad [OUTI 5 Tiiro CD^CoPies.

lVt6t d SM
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HIGH COURT

NTR, J

DATED: 0910412025

ORDER

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CRLP.No.4966 of 2025

DISPOSING OF THE CRTMINAL PETITION

o6l 6