Bommu Srinivas Reddy Vs State of Telangana and anothers — Telangana HC (2025) — LawSathi Research

Bommu Srinivas Reddy Vs State of Telangana and anothers — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dispensation of the personal appearance of the petitioner/sole accused before the Judicial First Class Magistrate, Mulugu, subject to the three conditions imposed (constant representation by counsel on record; affidavit not disputing proceedings conducted in his absence or his identity; appearance whenever directed, failing which the dispensation stands cancelled); pending miscellaneous applications closed; the Criminal Petition disposed of accordingly (no quashal effected).

Issue for consideration

Whether the proceedings against the petitioner (sole accused) in the C.C. pending before the Judicial First Class Magistrate, Mulugu should be quashed - the prayer having been confined during argument to whether the petitioner's personal appearance before the Court below can be dispensed with.

Court's answer

Considering the submission of learned counsel for the petitioner, the attendance of the petitioner/accused is dispensed with, subject to the conditions set out below.

Ratio / Principle

Condition (i): the petitioner shall always be represented by his counsel on record before the Court below.

Key takeaways

Condition (ii): the petitioner shall file an affidavit stating that in his absence the proceedings conducted by his counsel will not be disputed by him in any manner and his identity also will not be disputed.ratio¶33
Condition (iii): the petitioner shall appear before the learned Magistrate as and when his presence is required.ratio¶34
In the event of the petitioner's failure to appear when the Court directs, the order dispensing with his attendance shall stand cancelled.

Detailed headnote1 paragraphs

Criminal Petition (CRLP No. 6723 of 2019) under S.482 Cr.P.C., High Court for the State of Telangana (K. Surender, J.), disposed of on 14.02.2025. Filed by the petitioner/sole accused to quash proceedings in a C.C. pending before the Judicial First Class Magistrate, Mulugu; during hearing the prayer was confined to dispensing with the petitioner's personal appearance before the Court below. Attendance was dispensed with subject to conditions: (i) the petitioner shall always be represented by his counsel on record; (ii) he shall file an affidavit that proceedings conducted by his counsel in his absence will not be disputed by him in any manner and his identity also will not be disputed; (iii) he shall appear before the Magistrate as and when his presence is required, failing which, upon the Court so directing, the order dispensing attendance shall stand cancelled. Pending miscellaneous applications, if any, were ordered closed and the petition disposed of accordingly. No quashal was effected and no precedent was cited; single-member bench, no dissent.

IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

FRIDAY, THE FOURTEENTH^{DAYOF FEBRUARY} TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K:SURENDER

CRIMINAL PETITION NO: 6723 OF 2019

Between:

Bommu Srinivas Reddy, S/o, Subba Ready, aged^{46 years,H.N-2-81} ,^Pedaparimi (V), Thulluru (M), Guntur District.

...Petitioner/Sole Accused

AND

'1. State of Telangana and another, through SHO Mangapet PS, Rep. by Publlc Prosecutor, High Court at Hyderabad.

... RespondenUComplainant

Puiari Surendar, S/o.Venkataiah, aged^{43years, Agriculture,} R/o.Thimmampet^(V), [Iangapet^{(M), Jayashankar Bhupalpally District.}

... Respondents/De-facto Complainant

Petition under Section 482 of^{Cr.P .C praying that in the circumstances} stated in the Memorandum^{of Groundsof Criminal Petition, the High Court may} be pleased to^quash the^{proceedings in CC No.B7l2018 pendingon the file of} Judicial First Class Magistrate,^Mulugu.

l.A. NO: 2OF 2019

Petition under Section 482 of^{Cr.P.C praying that in the circumstances} stated in the Memorandum^{of Groundsof criminalPetition, the High court may} be pleased to^grant stay^{of all furtherproceedings including appearanceof the} petitioner in cc No:87l2018 on the file^{of the courtof the Judicial Magistrateof} First Class, Mulugu.

This Petition ,::mrng on for hearing, upon perusrng the lviemorandum of Grounds of Crimrr:al petition and upon hearing the arguments of sri Jithender Rao v eeramalra, Advocate for the petitioner and sri vivekanda Reddy Asst. Pubric Prosecutor on beharf of the Res;pondt:nl No..r and of Sri BSN Naidu, Advocate for the Respondent No.2

The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITIO N No.6723 oF 2019

ORDER

This Criminal petition is filed by the petitioner/Accused to quash the proceedings against him in c.c.No.g7 of 201g pending on the file of Judicial First Class Magistrate, Mulugu.

Heard learned counsel for the petitioner and Sri M.Vivekanalda Reddy, iearned Assistant public Prosecutor for the respondent - State. perused the record.

After arguing for some time, learned counsel for the petitioner confines his prayer to dispense with the personal appearance of petitioner herein_ Accused in the Court below.

Considering the submission of learned counsel for the petitioner, the attendalce of petitioner herein is dispensed with, with th6 following conditions:

i) Petitioner herein shall always be represented by his counsel on record.

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ii) He shall iile an alfidavit stating that in his iabsr:nce, the proceedings conducted by his counsel will no1. be clisputed by him in an/ m€Lnner and shall not dispute his i,1enti.:1, elso

iii) He shall appear before the learned Ma gistratr as and when his presence is required. In the event ol' thc pe.:itioner's failure tc al) pear when the Court direc:ts, Lh s order dispensing wi11i his attendance shall stand cancelled

Accordir gl1', the Criminal Petition is, dispc sed off.

Miscellale ous ,lpplications pending, if any, sh,rll stan I closed

IJd, - V. KAVITHA AS slsTANr"REGr STRAR //TRUE COPY// . /') \l SE(]TION OFFICER

To,

The Judicial First Class Magistrate,^Mulugu.

The Station House Officer, Mangapet^{Police Station, JayashzrnkarBhupalpally} District.

One CC to Sri. ;irhender Rao^{Veeramalla, Advocate} [CPUC]

Two CCs to Publ c Prosecutor, High Court^{for the State of Ielangana.} [OUT].

Two CD Copies

YfR/gh

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HIGH COURT

DATED:1410212025

ORDER

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CRLP.No.6723 of 2019

DISPOSING OF' THE CRIMINAL PETITION (L ), q )\