Md.Khaleel Baba Vs The State of Telangana — Telangana HC (2026) — LawSathi Research

Md.Khaleel Baba Vs The State of Telangana — Telangana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dispensation of the personal presence of petitioner/Accused No.1 in SC.Spl.No.127 of 2025 in C.C.No.24 of 2025 before the Special Sessions Judge Court (SCs/STs (POA) Act Cases), Nalgonda, on condition of representation through counsel at every hearing; appearance required whenever demanded by the trial Court; criminal petition disposed of and pending miscellaneous applications (including I.A. No.1 of 2026) closed.

Issue for consideration

Whether, in the pending proceedings in SC.Spl.No.127 of 2025 in C.C.No.24 of 2025 on the file of the Special Sessions Judge Court (SCs/STs (POA) Act Cases), Nalgonda, the personal appearance of petitioner/Accused No.1 may be dispensed with subject to his representation through counsel.

Court's answer

Without expressing any opinion on the merits of the case, and as the learned Additional Public Prosecutor did not oppose, the Court dispensed with the presence of petitioner/Accused No.1 in SC.Spl.No.127 of 2025 in C.C.No.24 of 2025, subject to the condition that he shall be represented through his counsel on each and every date of hearing.

Ratio / Principle

If the presence of the petitioner is required, he shall appear before the trial Court.

Key takeaways

In case of the petitioner's non-appearance on the specific date fixed by the trial Court for his appearance, the trial Court is entitled to proceed with the matter in accordance with law.ratio¶45

Detailed headnote1 paragraphs

Criminal Petition No. 1704 of 2026 (under S.528 BNSS), High Court for the State of Telangana at Hyderabad, J. Sreenivas Rao, J., decided 11.02.2026: Md Khaleel Baba, Accused No.1 (a constable), sought quashal of proceedings in SC.Spl.No.127 of 2025 in C.C.No.24 of 2025 (FIR No.196 of 2025, P.S. Nalgonda Town) before the Special Sessions Judge Court (SCs/STs (POA) Act Cases), Nalgonda; Respondent No.2 was Penjarla Ravi Kumar (private surveyor). During hearing, counsel restricted the prayer to dispensation of the petitioner's personal appearance and the learned Additional Public Prosecutor did not oppose. Holding: without expressing any opinion on the merits, the Court dispensed with the petitioner's presence subject to his being represented through counsel on each and every date of hearing; if his presence is required he shall appear before the trial Court; on non-appearance on a date specifically fixed by the trial Court, the trial Court is entitled to proceed with the matter in accordance with law. The criminal petition was disposed of and pending miscellaneous applications stood closed.

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IN THE HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD

WEDNESDAY, THE ELEVENTH^{DAYOF FEBRUARY} TWO THOUSAND AND^TWENTYSIX

PRESENT

THE HONOURABLE^SRI JUSTICE^{J SREENIVAS RAO}

CRIMINAL PETITION^{NO17040F 2026}

Between:

Md Khaleel Baba, S/o.^{Ghouse, aged:40 years,Occ constable,R/o} Abbasiya colony, Road No.1,^{Devarakonda road, Nalgonda town and District}

...PETITIONER/ACCUSED^No.1

AND

1 The State of Telangana,^{rep.byits Public Prosecutor,High Court al} Hyderabad through P.S. Nalgonda^ltown

2 Penjarla Ravi Kumar, S/o.^{Lingaiah,aged: 36 years.,} -Occ:^{Private Surveyor'} Rio^' Road No.1 , abbasiya colony,^{Nalgonda townand O,t,tl%=arO*DENTS}

Petition under section 528^{of BNSS, praying that in the circumstances} stated in the Memorandum^{of Groundsof criminalPetition, the High courtmay} be pleased to^quash the^{proceedings against the petitioner/ accyse!No 1- in} SC'.SplNo.127of2025inCCNo,24of2025inF'I,RNo'196of2025onthefile of the Hon'ble Special^{Sessions Judge court(For SCs/STs (POA) Act Cases)at} N a lgond a.

l.A. NO: 1 OF 2026

Petition under section 528 of^{BNSS, praying that in the circumstances} stated in the lilemorandum^{of Groundsof criminalPetition,the Highcourtmay} be pleased to stay all^{further proceedings against the petitioner/acclsed No1_ in} sc spt No. 127 of^{2025 in Ci No 24 ol 2025 in F.t.RNo. 196of2025 On the file} oftheHon'bleSpecialsessionsJudgeCourt(ForSCs/STs(PoA)ActCases)at Nalgonda pending disposal^{of the main petition}

This Petition coming^{on for hearing, upon perusing the Memorandumof} Grounds of criminal^{Petition and upon hearingthe argumentsof Sri Pulla Rao} Yellanki, Advocate for the^{Petitioner and of sri JithenderRao Veeramalla,the} Additional Public^{Prosecutor for the state of Telangana on behalf of the} Respondent^{No.1 and None appeared for Respondentno'2'}

The Court made^{the following:ORDER}

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IN THE ITIG^{H COUR'I. FOR TI{E STAI'EOF TELANGANA} AT IIYDERABAD

Tlll! HONOL.lt.{l}l.t-^{SIll JUSTICE J'SREENIVASRAO}

CRINIINAI,^{PE'TITIONNo. 1704of2076}

Dzte:11.02.2026

Betrvcen

Md.Khalecl^Babi

...Petitioner

ANI)

'lhc State o1'Telarlgana, t{ep. by' its^{Puhlic Prosccutor.} High Courr^{I'-orthe Statc oi' I'elangana,} Hy'dcrabacl aud^anothcr

... Respondents

ORDER

This CriminaI^{l)etition is fi1ed by the petitioner/accused}

No.l, seeking to^{quash the procecdings in SC'SplNo '121 of 2025} in Cl.C.No.24 o1'2025. on^{thc filc of learned SpecialSessionsJudge}

Courl^(For SCs/STs^{(t'}OA) Act Cases) at Nalgonda'}

Heard Mr.l)ulla Rao^{Yellanki,learned counsellor the}

petitionerandMr.JithcnderRaoVeeramalla,learnedAdditional

Public Prosecutor^{for respondent No.1.}

.,,?.

2

<br>

Though the criminal petition is filed seeking to quash the proceedings in SC.Spl.No.l27 of 2025 in C.C.No.24 of 2025, the learned counsel lor the petitioner restricted his prayer and rcquested this Court to dispense with the appearance of the petitioner/accused No. I in SC.Sp1.No.127 of 2025 in C.C.No.24 of 2025, on the file of learned Special Sessions Judge Court (For SCs/STs (POA) Act Cases) at Nalgonda.

The leamed Additional Public Prosecutor has not opposed

the submission madc by the learned counsel for petitioner.

In view of the above submissions, and without expressing any opinion on the merits of the case, the presence of the petitioner/accused No.1 in SC.Spl.No.12l of 2025 in C.C.No.24 of 2025, on the file of learned Special Sessions Judge Court (For SCs/STs (POA) Act Cascs) at Naigonda, is dispensed with, subject to the condition that he shall be represented through his counsel on each and every date of hearing. If the presence of the petitioner is required, he shall appear before the trial Court. In case of his nonappearance on the specific date fixed by the trial Court for his

/

appearance, thc trial Court is entitled to^{proceed with the matter,in}

accordance u,ith luri

Accordingly. thc cdnrinal pctition is tlisposed of

Pcnding nriscellaneous applications, if any, shall stand

closed

SD/- A.JAYASREE ASSISTANT REGISTRAR

/za

//TRUE COPY//

SECTION OFFICER

To

1 Thc Judicral First Class^{I,4agistrateat Nalgonda.} 2 The Station House Officer, Nalgonda^{ltown Police Station.} 3 Two CCs to the Publrc Prosecutor,^{Highcourt for the stateof Telangana,at} Hyderabad [OUT] 4 One CC to Sri. Pulla Rao^{Yellankr,Advocate} [OPUC] 5 Two CD Cooies Pr/I'SL 'e"1il;s"p"Jaii.ot,e.t'4 v'{q"*ot ed5 a.'d 3rz CP9A) Ac-, va\qonda' YY

HIGH COURT

DATED: 1110212026

ORDER

CRLP.No.1704 ot 2026

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DISPOSING OF THE CRL.PETITION

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