Masani Karthik Vs The State of Telangana — Telangana HC (2026) — LawSathi Research

Masani Karthik Vs The State of Telangana — Telangana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Personal appearance of the petitioner/accused in C.C.No.221 of 2022 dispensed with, subject to his being represented by counsel on every date of hearing unless his presence is specifically required during trial; on non-appearance on any date fixed, the trial court may proceed in accordance with law. Criminal petition disposed of; pending miscellaneous applications, if any, ordered closed.

Issue for consideration

Whether the presence/appearance of the petitioner/accused in C.C.No.221 of 2022 before the Junior Civil Judge-cum-Judicial Magistrate of First Class, Narayankhed, can be dispensed with (the quashing prayer having been restricted by counsel to this relief).

Court's answer

Without expressing any opinion on the merits of the case, the Court dispensed with the presence of the petitioner/accused in C.C.No.221 of 2022 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Narayankhed.

Ratio / Principle

The dispensation is conditional: the petitioner/accused shall be represented by his counsel on every date of hearing, unless his presence is specifically required during the course of the trial.

Key takeaways

In the event of non-appearance of the petitioner/accused on any date fixed by the trial court, the trial court shall be entitled to proceed with the matter in accordance with law.ratio¶39-41
The order was passed without expressing any opinion on the merits of the case; the merits of the quashing question were left open.ratio¶37

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Hon'ble Sri Justice J. Sreenivas Rao), Criminal Petition No. 1746 of 2026, decided 11.02.2026: The petitioner, accused in C.C.No.221 of 2022 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Narayankhed, for offences printed as 'u/s.67, 674, 678 of lT Act- 2008' (source OCR-corrupted), filed this Criminal Petition under Section 528 BNSS seeking quashal of the proceedings. At hearing, counsel for the petitioner restricted the prayer to dispensation of the petitioner's appearance in the trial court, and the learned Additional Public Prosecutor did not oppose. Without expressing any opinion on the merits of the case, the Court dispensed with the presence of the petitioner/accused, subject to the condition that he be represented by his counsel on every date of hearing unless his presence is specifically required during the course of the trial; in the event of non-appearance on any date fixed by the trial court, the trial court is entitled to proceed in accordance with law. The criminal petition was disposed of and pending miscellaneous applications, if any, were ordered closed.

[³³⁰³ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HON'BLE SRI JUSTICE J. SREENIVAS RAO

CRIMINAL PETITION NO: 1746 OF 2026

Between:

Masani Karthik, S/o Chandra Shekar, Aged 26^years, Occ: Private Ernployee, R/o.H.No.2-3-14213117, Apparao Shetkar Nagar, Narayankhed, Sangareddy District.

...Petitioner/Accused

AND

The State of Telangana, Rep. by its Public Prosecutor,^High Crcurt^{for the} State ofTelangana, Hyderabad. ...Respondent No.1

Deelip Kumar, S/o- Not known, Nancharaiah, Aged about^{Not known,Occ:} Sub-lnspector of Police, ClD, Telangana.

...Respondent No.2/Complainant

Petition under Section 528 of BNSS^praying thatⁱⁿ the^{circumstances} stated in the Memorandum of Grounds of Criminal^{Petition,the H(7hCourtmay} be pleased to quash the criminal^proceedings against the^{Pe{itioner/Accusedin} CC No. 221 of 2O22on the file of Hon'ble Junior Civil^{Judge cum Judicial} Magistrate of First Class at Narayankhed for offences u/s.67,^{674, 678 of lT Act-} 2008.

l.A. NO: 1OF 2026

Petition under Section 528 of BNSS^praying that in^{the circumstances} stated in the Memorandum of Grounds of Criminal^{Petition, the HighCourtmay} be pleased to stay all further^{proceedings including} the^{appearance of the} Petitioners/ Accused in CC No.221 ot 2022^on the^{file of Junior Civil Judge cum} Judicial Magistrate of First Class at Narayankhed,^{pendingdisposal of this} Criminal Petition.

This Petition coming on for hearing,^{upon perusingthe Memorandum of} Grounds of Criminal Petition and upon^{hearing the arguments of Mr. Yeddu} Divakar, Advocate for the Petitioner and the^{Mr. JithenderRao Veeramalla,} Additional Public Prosecutor on behalf of the^{RespondentNo.1 and None} Appeared for the Respondent No²

The Court made the following: ORDER

IN THE HIGH COURTFORTHE STATE OF'I ELANGANA ATHYDERABAD

THE HONOURABLE SRI JUSTICE J.SREEI IVAS RAO

CRIMINALPETITION No.l746 ot i',126

Date:[L.02.2026

Between:

Masani Karthik

...petitioner

AND

The State of Telangana, Rep. by its public prosectrrr .. High Court for the State of Telangana, Hyderabad. I rrl 6ns1hs,.

. respondents

OR ER

This Criminal Petition has been filed seekir I ro quash the proceedings in C.C.No.22l of 2022, on rhe filt: of the Junior Civil Judge-cum-Judicial Magistrate of ; irst Class,

Narayankhed, wherein the petitioner was arrayed t s accused, for the offences punishable under Sections 67, 67-.\ 67_8 of the lnfbrmation and Technology Act 2000-200g (for sl or1, .lT,) Acr.

<br>

2

Heard Mr. Yeddu Divakar, learned^{counselfor the} petitioner and Mr. Jithender Rao^{Veeramalla,leamedAdditional} Public Prosecutor for respondent^No.1.

Though the criminat^{petitionwas filed seeking to quashthe} proceedings in C.C.No.22 | of 2022,^{the learnedcounsel for the} petitioner restricted his prayer requesting^{this Court to dispense} with the appearance of^{the petitioner/accusedin C.C.No.22l of} 2022, on the file of the^{Junior Civil Judge-cum-Judicial} Magistrate of First Class,^Narayankhed.

The learned Additional^{Public Prosecutorhas not opposed} the submission made by^{the leamed counselfor 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.l in C.C.No.22l^{of 2022,on the file of the} Junior Civil Judge-cum-Judicial^{Magistrate of First Class'} Narayankhed, is dispensed^{with, subjectto the conditionthatthe} petitioner/accused shall be represented^{by his counselon every} date of *qqring, unless his^{presenceis specificallyrequired} during the course of^{the trial. In the event of non-appearanceof}

3

petitioner/accused on any date so flxed by the tr rl Court, the

trial Court shall be entitled to^proceed with tt: matterⁱⁿ

accordance with law.

Accordingly, the criminal petition is disposer. rf.

Pending miscellaneous applications, if any' sha[[ stand

closed.

SD/- HUSSAIN ALI ASSIS TANT REGISTRAR

I

//TRUE COPY//

;ECTION OFFICER

To,

The Junior Civil Judge cum Judicial Magistrate rf First Class at Narayankhed

The Station House Officer, Narayankhed Police Station S lngareddy District 3 Two CCs to the Public Prosecutor, High Court for the Si rte of Telangana at Hyderabad. [OUT]

One CC to Mr. Yeddu Divakar, Advocate tOpUCl 5 Two CD Co pres

I

Kam/PS L

HIGH COURT

DATED:1 110212026

.-,4 E SIA
r-.3
,(
,t,
o)a t, :ll
<) IJI
i
<br>

ORDER

CRLP.No.1746 ot 2026

DISPOSING OF THE CRIMINAL PETITION

,LL
a
fl