Mohammed Naseeruddin Khan Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2025)

Mohammed Naseeruddin Khan Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2025)

What the court decided

AI extract

Outcome

In-person appearance of the petitioner/Accused No.1 in C.C.No.2895 of 2022 dispensed with, subject to appearance through counsel on every adjournment and physical presence as and when directed by the Court; any lapse renders the order ineffective. Criminal Petition disposed of; pending miscellaneous petitions, if any, closed.

Issue for consideration

Whether the personal appearance of the petitioner/Accused No.1 in C.C.No.2895 of 2022 can be dispensed with during the proceedings, subject to appropriate conditions.

Court's answer

Subject to the petitioner appearing through his counsel on every adjournment and physically remaining present as and when directed by the Court, the in-person presence of the petitioner in the proceedings of C.C.No.2895 of 2022 pending before the XIII Additional Chief Judicial Magistrate at Nampally, Hyderabad, is dispensed with.

Ratio / Principle

The dispensation carries the twin conditions of the petitioner's appearance through counsel on every adjournment and his physical presence as and when directed by the Court.

Key takeaways

Any lapse in abiding the above conditions would render the dispensation order ineffective.ratio¶30

Detailed headnote1 paragraphs

Telangana High Court (N. Tukaramji, J.), Criminal Petition No.5454 of 2025, decided 22-04-2025 - Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Accused No.1 in C.C.No.2895 of 2022 (XIII Additional Chief Judicial Magistrate, Nampally, Hyderabad), a case under Sections 498-A and 406 IPC and Section 4 of the Dowry Prohibition Act instituted on the complaint of the second respondent/wife - though filed for quashment, the prayer pressed was only for dispensation of the petitioner's personal appearance - Held: in-person presence dispensed with, subject to (i) appearance through counsel on every adjournment and (ii) physical presence as and when directed by the Court; any lapse in abiding these conditions renders the order ineffective - Criminal Petition disposed of; pending miscellaneous petitions closed.

13217 )

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY ,THE TWENTY SECOND DAY OF^APRIL TWO THOUSAND AND TWENTY FIVE PRESENT

THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CRIMINAL PETITION NO: 5454 OF 2025

Between:

Ir,4ohammed Naseeruddin Khan, S/o Late [Vohd Abdul Azeez^{Khan, Aged} about 64 years, Occ- Private Service, Fl/o H.No.19-3-543144,^{Ali Nagar,} Falaknuma' Hyderabad' Telangana state

...pETr*oNER/AccusED No.1

AND

The State of Telangana, Rep- by the Public Prosecutor. High Court^at Hvderabad

RES'.NDENT/RES'.NDENT No.1

Smt- Asma Moin, W/o Mohammed Naseeruddin Khan, Aged about^{56 years,} occ- Housewife, R/o H.No.302, 3rd Floor Padmabha Nagar, Mehdipatnam, Hyderabad, Telangana State

...RESPONDENT NO.2 /COMPLAINANT

Petition under Section 528 of BNSS, 2023^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/ Accused No.1 in CC.No.2895 of 2022 on the file of Xlll Additional Chief Judicial Magistrate at Nampally, Hyderabad, in the interest of^justice;

l.A. NO: 1 OF 2025

Petition under Section 528 of BNSS, 2023^praying that in^the circumstances stated in the N/emorandum of Grounds of Criminal^Petition,the High Court may be pleased to stay all further^proceedings including^appearance of the Petitioner/ Accused No.1 in CC.No.2895 oI 2022 on the file of^Xlll Additional Chief Judicial Magistrate at Nampally, Hyderabad,;

This Petition coming on for hearing,upon^perusing the l\ilemorandum^of Grounds of Criminal Petition and upon hearing the arguments of Sri^Shaik Mohd.Faiyaz, Advocate representing Sri MOHAMMED JUNAID ALI KHAN Advocate for the Petitioner and Sri Jithender Rao Veeramalla,^Addl.Pubiic Prosecutor on behalf of the Respondent No. 1 and none appear for^the Respondent No.2;

The Court made the following: ORDER

THE HONOURABLE SRIJUSTICE N. TUKARAMJI

CRIMINAL PETITION No.5454 of 2025

ORDER

This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita. 2023 seeking quashment oT the proceedings in C.C.No.2895 of 2022 pending on the file of the learned Xlll Additional Chief Judicial lvlagistrate at Nampally, Hyderabad, against the petitioner/accused No. 1 .

Heard Mr Shaik trlohd. Faiyaz, learned counsel representing Sri Mohammed Junaid Ali Khan, learned counsel for petitioner, tVr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1 -State.

The petitioner is arrayed as accused No.1 in C.C.No.2895 of 2022 facing accusation under Sections 498-4, 406 of lndian penal Code and Section 4 of Dorvry Prohibition Act

Learned counsel for the petitioner would submit that though the petitioner got a strong case even for quashment, as he is determined to see the process through, the insistence for his presence is causing severe difficulty in pursuing his occupations and avocations. Therefore, .prayed^{for dispensing his personal} appearance in the proceedings, unless

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presenceinpersonisrequiredandSuchdirectionwouldredresshis gflevance.

5.LearnedAdditionalPublicProsecutorsubmitsthatthereisno specific objection^{for the prayer, howeverpleaded for a directionfor} appearance of^{the petitioner on the material stages in the proceedings}

Having regard to^{the submissions'subject to the petitioner} appearance^{through his counsel on every adjournmentand physical} presence as and when^{directedby the Court,the in-person presenceof} the petitioner^{in the proceedings of the C'C No'2895 of 2022 pending on} the file of the^{learned xlll Additional chiefJudicial[t4agistrate at} Nampally,^{Hyderabad,is dispensedwith Additionally it is specified that} any lapse in^{abiding the above conditions would renderthis order} ineffective.

With this direction,^{this Criminal Peiition is disposed of}

Miscellaneous^{petitions, pending if any, shallstand closed}

SD/- K AMMAJI A,TTREGISTRAR

To,

//TRUE COPY//

SECTION OFFICER I

1 The Xlll Addl. Chief Judicial Magistrate, Nampally, Hyderabad 2 The Station House Officer, WPS CCS DD P.S., Hyderabad 3 One CC to SRl. MOHAMMED JUNAID ALI KHAN .. TMP Advocate [OPUC] 4 Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 5 Two CD Copies VSM k*

HIGH COURT

DATED:22104t2025

ORDER

CRLP.No.5454 of 2025

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DISPOSING OF THE CRIMINAL PETTTION

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