Mekala Sampath Vs The State of Telangana

Petition under Sectron 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to CC No. 2805 of 2024 on the file of the Judicial Magistrate Of First Class ( Special Mobile) At Karimnagar and quash the same.

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l.A. NO: 2 OF 2025

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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 all further proceedings including the appearance of petitioners in CC No. 2805 of 2024 on the file of the Judicial Magistrate Of First Class (Special Mobile) At Karimnagar,^pending disposal of the present quash petition

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This Petition coming on for hearing, upon perusingl the N/emorandum of Grounds of Criminal Petition and upon hearing the argunrents of IVr. SATHISH REDDY SURUKANTI, Advocate for the Petitioners and lr4r. JITHENDER RAO VEERAMALLA, Additional Public Prosecutor (TG) on behalf of the Respondent No.'1 and None appeared for the Respondent No.2.

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The Court made the following: ORDER

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THE HONOURABLE SRIJUSTICE N. TUKARAMJI

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CRIMINAL PETITION N 0.4974 of 2025

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ORDER:

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This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of the^proceedings in C.C.No.2805 of 2024^pending on the file of the Judicial Magistrate of First Class (Special lVobile) at Karimnagar against the petitioners/accused Nos.1 and 2

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Heard lr/s. Jyotsna Devi, learned counsel representing lVtr.Satish Reddy Surukanti, learned counsel for the^petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.¹ -State

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The petitioners are arrayed as accused Nos.1 and 2 in C.C.No.2805 of 2024 facing accusation under Sections 121 (1) and 292 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.

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Learned counsel for the petitioners would submit that though the petitioners got a strong case even for quashment, as they are determined to see the process through, the insistence for their presence is causing severe difficulty in pursuing their avocation and studies. Therefore, prayed for dispensing their personal appearance

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in the proceedings, unless presence in person is required and such direction would redress their grievance.

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Learned Additional Public Prosecutor submitrr that there is no specific objection for the prayer, however pleaded for a direction for appearance of the petitioners on the material stages in the proceedings.

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Having regard to the subrnissions, subject to the petitioners appearance through their counsel on every adjolrnment and the petitioners presence as and when directed by the Court, the in-person presence of the petitioners in the proceedings of th e C.C.No.2B05 of 2024 on the file of the Judicial Magistrate of Fin;t Class (Special Mobile) at Karimnagar, is dispensed with. Additionally it is specified that any lapse in abiding the above conditions would render this order ineffective.

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