Citation : 2026 Latest Caselaw 201 Tel
Judgement Date : 31 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4617 of 2026
Date:31.03.2026
Between:
Kota Raja Shekar and three others
...petitioners/accused Nos.1 to 4
AND
The State of Telangana,
Rep. by Public Prosecutor,
High Court of Judicature at Hyderabad
For the State of Telangana and another
...respondents
ORDER
This Criminal Petition has been filed seeking to quash the
proceedings in C.C.No.156 of 2022, on the file of the Judicial
First Class Magistrate, at Bhadrachalam, Bhadradri-Kothagudem
District, for the offences under Sections 498-A of the Indian
Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition
Act, 1961.
2. Heard Mr. D. Srinivas Reddy, learned counsel for the
petitioners and Mr. Jithender Rao Veeramalla, learned
Additional Public Prosecutor for respondent No.1.
3. Though the criminal petition was filed seeking to quash
the proceedings in C.C.No.156 of 2022, when this Court
expressed a view that all the grounds which are raised by the
petitioners are disputed facts and the same have to be decided by
the trial Court after full-fledged trial. At this stage, the learned
counsel for the petitioners, requested this Court to dispense with
the appearance of the petitioners/accused Nos.1 to 4 in
C.C.No.156 of 2022, on the file of the Judicial First Class
Magistrate, at Bhadrachalam, Bhadradri-Kothagudem District,
on the ground that the petitioners are eking out their livelihood
as petitioner No.1 is a private employee, petitioner No.2 is a
housewife, petitioner No.3 is a private employee and petitioner
No.4 is a coolie. Hence, it is very difficult for the petitioners to
appear on each and every date of adjournment in the trial Court
and the matter before the trial Court is not yet riped for trial. As
such the learned counsel sought for dispensing with the presence
of petitioners before the Trial Court.
4. The learned Additional Public Prosecutor has not opposed
the submission made by the learned counsel for petitioners and
requested to pass appropriate orders.
5. Taking into consideration the peculiar facts and
circumstances of the case and also the submissions made by the
learned counsel for the petitioners, the presence of the petitioner
Nos.2 to 4/accused Nos.2 to 4 in C.C.No.156 of 2022, on the file
of the Judicial First Class Magistrate, at Bhadrachalam,
Bhadradri-Kothagudem District, is dispensed with, subject to the
condition that the petitioner Nos.2 to 4/accused Nos.2 to 4 shall be
represented by their counsel on every date of hearing, unless
their presence is specifically required during the course of the
trial. In the event of non-appearance of petitioner Nos.2 to
4/accused Nos.2 to 4 on any date so fixed by the trial Court, the
trial Court shall be entitled to proceed with the matter in
accordance with law. No relief is granted insofar as petitioner
No.1/accused No.1 is concerned.
6. Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand
closed.
____________________________ JUSTICE J. SREENIVAS RAO 31.03.2026 gnp
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