Disposed¶29

Kalyadapu Narsaiah v. The State of Telangana

Telangana HC11 Apr 2025CRLP/5002/2025

Case brief

AI extract

What is this about?

Dispensation of personal presence of accused; quash petition under Section 528 BNSS; Section 338 IPC; Section 3/181 Motor Vehicles Act; C.C.No.1247 of 2023; Judicial First Class Magistrate Siricilla; Kalyadapu Narsaiah; hardship affecting employment; conditional exemption from attendance; I.A. No.1 of 2025.

What did the court decide?

Personal presence of petitioner/A-1 in the proceedings of C.C.No.1247 of 2023 dispensed with, subject to his appearance through counsel at every adjournment and his personal appearance as and when directed by the court; the Criminal Petition disposed of with this direction and miscellaneous petitions pending, if any, closed. ¶29

Kalyadapu Narsaiah Vs The State of Telangana — Motor Accident Claims | Telangana HC (2025)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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RID Y ,THE ELEVENTH DAY OF APRIL HOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI \

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CR IMINAL PETITION NO: 5002 OF 2025

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Between:

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Kalyadapu Narsaiah, s/o Late K. Mallaiah, aged about 65^{years, Occ. Private Press,} R/oH.Nb LIG-159/4, Phase 4, KPHB Colony, JNTU,^{Kukatpally, Hyderabad.}

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...PETITIONER/ACGUSED

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AND

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The State of Telangana, Through P.S SIRICILLA,^{Rep its Public Prosecutor,} High court of Telangana, Hyderabad.

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Smt. Shrarifa, w/o Mohmmad Hymad, Aged about,^{40 years, Occ. household,} R/o Bathukammakunta, of Kamareddy^proper, Kamareddy^District.

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...RESPONDENTS

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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 call for the records and after submissions of the grounds of case, quash the proceedings in CC.No. 1247 ol 2023 which is pending on the file of Judicial First class Magistrate at Siricilla for the offence^{undersection 338 of lPC,} against the petitioner/A-1 herein as the same amounts abuse^{process of law.} l.A. NO: 1OF 2025

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Petition under Section 4B2 of Cr.P.C^{praying that} in^{the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition,the High Court maybe} pleased to inter alia grant stay all further proceedings including the appearance of the Petitioner /A-1^pending disposal of the^{main quash petition} in^{all further} proceedings in CC.No. 1247 oI 2023 which is pending on the file of Judicial First class Magistrate at Siricilla for the offences under section 338 of^{lPC, againstthe} petitioner/A-1 herein before the said court till pending disposal of main^quash petition.

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This Petition coming on for hearing,upon^perusing the^{Memorandum of} Grounds of Criminal Petition and upon hearing the arguments^{of Sri M Venkata} Swamy, Advocate for the Petitioner and the Public^{Prosecutoron behalfof the} Respondent No.1.

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The Court made the following: ORDER

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! I

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THE HONOURABLE SRTJUSTICE N. TUKARAMJI

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CIlIMINAL PETITION No.5002 of 2025

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ORDER:

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This petition is filed seeking quashment of the C.C.No.,1247 of 2023 on the file of leamed Judicial First class Magistrate, Siricilla, against the petitioner/accused No.1.

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Heard Mr.tvl.Venkata Swamy, leamed counsel for petitioner and lvlr.Jithender Rao Veeramalla, learned Additional public prosecutor appearing for the respondent No.1-State.

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The petitioner is arrayed as accused No.1 in C.C.No.1247 of 2O23 tor the offence under Section 338 of lndian penal Code, 1860 and Section 3/18'l of Motor Vehicles Act, 19gg.

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Learned counsel for the petitioner would submit that though the petitioner is resolved to face the proceedings, his presence before the trial Court on each adjournment is causing severe hardship and effecting his employment. Therefore, prayed for dispensing his personal presence unless it is required for the proceedings and such direction would redress his grievance.

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Learned Additional Public Prosecutor submits that there is no specific objection for the prayer, however pleaded for a direction for in person presence of the petitioner in the material stages of the proceedings.

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Having regard to the submissions, subject to the petitioner,s appearance through his counsel on every adjournment and the petitioner's personar appearance as and when directed by the court, the personal presence of the petitioner in the proceedings of C.C.No.1247 of 2023 on the file of learned Judicial First Class Magistrate, Siricira,, is dispensed with. Additionary it is specified that any lapse in abiding the above conditions wourd render this order ineffective.

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With this direction, this Criminal petition is disposed of.

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Miscellaneous petitions, pending if any, shall stand closed.

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SD/. MOHD.ISMAIL DEPUW REGISTRAR

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//TRUE COPYII

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SECTION OFFICER

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To, 1. The Pri ncipal Judicial Magistrate of First Class at rcilla 2. The Station House Officei, Siricilla Police Station, Rajanna Sircilla 3. One CC to S ri M.Venkata Swamy, Advocate (OP UC) 4. Two CCs to Public prosecutor High Court for the State of Telangana at Hyderabad.(OUT) 5 Two CD Coiies Ks/psl

HIGH COURT

DATED:1 1104,t2025

ORDER

CRLP.No.5002 of 2025

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