Chetla Rajaiah Laxminarayana Vs State of Telangana, And Another — Telangana HC (2025) — LawSathi Research

Chetla Rajaiah Laxminarayana Vs State of Telangana, And Another — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Personal appearance of the petitioner/A-1 dispensed with subject to conditions (representation by counsel on record, affidavit undertaking, appearance whenever directed with automatic cancellation on default); Investigating Officer directed to conclude the investigation expeditiously. The quash prayer was not adjudicated on merits.

Issue for consideration

Whether the proceedings in C.C.No.422 of 2017 pending on the file of the XII Addl. Chief Metropolitan Magistrate, Hyderabad, against the petitioner/A-1 are liable to be quashed under Section 482 of the Code of Criminal Procedure. +1 more

Ratio / Principle

The attendance of the petitioner (A-1) is dispensed with subject to conditions; he shall appear before the learned Magistrate as and when his presence is required, and if he fails to appear when the Court directs, the order dispensing his attendance shall stand cancelled.

Key takeaways

Condition imposed: the petitioner shall file an affidavit stating that proceedings conducted by his counsel in his absence will not be disputed by him in any manner and that he shall not dispute his identity.ratio¶29
The Criminal Petition is disposed of and the Investigating Officer is directed to conclude the investigation as expeditiously as possible.ratio¶31

Detailed headnote1 paragraphs

Telangana High Court (K. Surender, J., 07.03.2025), Criminal Petition No. 7091 of 2019 under Section 482 Cr.P.C.: Chetla Rajaiah Laxminarayana (petitioner/A-1, aged 73, an Advocate) sought quashing of proceedings in C.C.No.422 of 2017 on the file of the XII Addl. Chief Metropolitan Magistrate, Hyderabad (Respondent 1: State of Telangana through Central Crime Station, Hyderabad; Respondent 2/de facto complainant: Joint Collector and District Magistrate, Ranga Reddy District). Learned counsel for the petitioner confined the prayer to dispensing with the personal appearance of A-1. The Court dispensed with the petitioner's attendance subject to conditions: (i) he shall always be represented by counsel on record; (ii) he shall file an affidavit that proceedings conducted in his absence will not be disputed by him in any manner and that he shall not dispute his identity; (iii) he shall appear before the Magistrate whenever his presence is required, failing which the dispensation order shall stand cancelled. The Criminal Petition was disposed of accordingly, and the Investigating Officer was directed to conclude the investigation as expeditiously as possible. The quash prayer itself was not adjudicated on merits. No precedent was cited.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION NO: 7091 OF 2019

Between:

Chetla Rajaiah Laxminarayana, S/o.Rajaiah, aged 73^{years,Advocate,} H.No.8-1, Temple Alwal, Secunderabad.

...Petitioner/A-1

AND

State of Telangana, through Central Crime Station,^{Hyderabad,Rep. by} Public Prosecutor, High Court of Telangana at Hyderabad.

..RespondenUComplainant

Joint Collector and Drstrict Magistrate,^{Ranga Reddy District}

...RespondenUDe facto Complainant

Petition under Section 482 of C:.P.C^praying that^{in the circumstances} stated in the Memorandum of Grounds of^{Criminal Petition,the HighCourt maybe} pleased to quash the proceedings in CC.No.422l2O17^{pending on the file of Xll} Addl. Chief Metropolitan Magistrate,^{Hyderabadin so far as the petitioneriA-1is} concerned

l.A. NO: 1 OF 2019

Petition under Section 482 of C:.P.C^{praying that in the circumstances} stated in the Memorandum of Grounds of^{Criminal Petition,the HighCourt maybe} pleased to stay of all further proceedings including appearance of the^{petitioner /} A-1 is concerned in CC No.42212O17 on the^{file of Xll Addl. ChiefMetropolitan} Magistrate, Hyderabad

This Petition coming on for hearing,^{upon perusingthe Memorandumof} Grounds of Criminal Petition and upon^{hearing the arguments of Sri JITHENDER} RAO VEERAMALLA. Advocate for the^{Petitioner and the Assistant Public} Prosecutor on behalf of the^{Respondent No. 1 and None appearedfor the} Respondent No.2.

The Court made the following:^ORDER

I I

THE HOIi'OURABLE^{SRI JUSTICEK.SURENDER}

CRIMINAL PETITION^{No.7O91 OF 2019}

ORDER:

This Cr:irrLrnal Petition^{is filed by the petitioner'A- 1 to} quash the pro:eedings^{in C.C.No.422of 2Ol7 penrling on the} file of XI l.dditional^{Chief Metropolitar:Ma5'istrate,} Hyderabad

Heard l:arned counsel^{for thep()titjoner} ,and Sri M.Vi^ue kir'-randa^{Reddy,learned AssistantPublic} State. Peru ;ed^the Prosecutor fbr the^respondentNo '¹ record

Learncd <xrunsel for^{the petitioner confinerl l'ris p'-ayer to} dispense^{r',ril.h ttre personal appearance.ofpetitic'nerlrccused} No.1.

Con:;irle...rrg the submission^{of learned <:cunselfor the} petitioner. thr: attendance of^{petitionerhereir is dir;pensed} with, subj,:ct^r.o the^{following conditions:}

i) Petitionel sha-il always^{be representedby :-[p col nselon} record.

^-':-'l -- \ \

ii) He sha-ll file an affidavit stating that in his absence, the proceedings conducted by the counsel will not be disputed by him in €rny manner and shall not dispute his identity also.

iii) He sha.ll appear before the learned Magistrate as and when his presence is required. In the event of the petitioner failing to appear when the Court directs, this order dispensing his attendance shall stand cancelled.

Accordingly, the Criminal Petition is disposed off. The Investigating Officer is directed to conclude the investigation, as expeditiously as possible.

Miscellaneous applications pending, if any, shall stand

closed.

SD/. A.SREENIVASA^REDDY SSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The X Addl. Chief Metropolitan^{lvtagistrate, Hyderabad.} Z. fne Station House Officbr,^{CCS Police Station, CCS,DD'HyQqqO.qQ} 5 onL cc to snt JITHENDER^{RAOVEERAMALLA. Advocate[OPUC]} a. i*o CCs to the^{public prosecutor, High Court for the State of Telangana at} Hyderabad [OUT] 5. Two CD Copies

Slril/gh (n-

HIGH COUR'T

DATED: 07103t2025

ORDER

CRLP.No.709'l of 2019

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DISPOSING OF' THE CRIMINAL PETITION
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