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2025 Supreme(Online)(Tel) 12265
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
Sri Eerla Cheralu – Appellant
Versus
The State of Telangana – Respondent
S.C.Spl.No.83 of 2024
For the Appellants/Petitioners: Mr.R.Chandrashekar Reddy
For the Respondents: Mr.Jithender Rao Veeramalla
The court may dispense with personal appearance of accused if represented by counsel, ensuring compliance with directives.
Headnote:This petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashment of proceedings in S.C.Spl.No.83 of 2024 pending before the learned II Additional District and Sessions Judge, Warangal. The petitioners argue that their insistence for personal appearance hampers their occupations, while the Additional Public Prosecutor supports a compromise to allow the presence of petitioners through counsel, maintaining in-person attendance only as needed. The court dispensed with personal attendance conditioned on representation through counsel, concluding with directions ensuring compliance that leads to closure of the Criminal Petition.
| Table of Content |
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| 1. petition for quashment of proceedings based on personal attendance concerns. (Para 1 , 3) |
| 2. arguments concerning representation and the necessity of personal attendance. (Para 2 , 4) |
| 3. court's decision to grant conditions for the petitioner's presence. (Para 5 , 6) |
ORDER:
This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023 seeking quashment of the proceedings in S.C.Spl.No.83 of 2024 pending on the file of the learned II Additional District and Sessions Judge, Warangal, against the petitioners/accused Nos.1 to 14.
2. Heard Mr.R.Chandrashekar Reddy, learned counsel for the [
petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. Learned counsel for the petitioners would submit that though the petitioners got a strong case even for quashment, as they are determined to see the process through, the insistence for their presence is causing severe difficulty in pursuing their occupations and avocations. Therefore, prayed for dispensing their personal appearance in the proceedings, unless presence in person is required and such direction would redress their grievance.
4. Learned Additional Public Prosecutor submits that there is no specific objection for the prayer, however pleaded for a direction for appearance of the petitioners on the material stages in the proceedings.
5. Having regard to the submissions, subject to the petitioners appearance through their counsel on every adjournment and physical presence as and when directed by the Court, the in-person presence of the petitioners in the proceedings of the S.C.Spl.No.83 of 2024 pending on the file of the learned II Additional District and Sessions Judge, Warangal, is dispensed with. Additionally it is specified that any lapse in abiding the above conditions would render this order ineffective.
6. With this direction, this Criminal Petition is disposed of.
Miscellaneous petitions, pending if any, shall stand closed.
