Nethala Shemmy Benhur v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MAIN CASE No. Crl.P.No.9935 of 2026 PROCEEDING SHEET Sl.

No.

DATE

ORDER

OFFICE NOTE 01.

01.07.2026 JSR, J Upon perusal of the record, it reveals that Transferred the learned Magistrate has taken cognizance on 27.07.2024 without assigning any reasons and issued summons to the accused without recording the satisfaction, which is contrary to the to i-order principles laid down by the Hon'ble Apex Court in before corrections Sunil Bharati Mittal v. Central Bureau of Investigation1 and Fakhruddin Ahmad v.

1 (2015) 4 SCC 609 2 (2008) 17 SCC 157 State of Uttaranchal and another2 .

In view of the above, issue notice before admission.

Learned counsel for the petitioner is permitted to take out personal notice to respondent No.2 through speed post with acknowledgment due and file proof of service. Post on 03.08.2026, in the 'adjourned motion list'.

The presence of the petitioner/accused No.2 in C.C.No.1662 of 2024 on the file of the XIII Additional Metropolitan Magistrate, Cyberabad at Rajendranagar, Ranga Reddy District, 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/accused No.2 is required, he shall appear before the trial Court. In case of nonappearance 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.

_______ JSR, J gnp