Boga Laxminarayana, v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 13283 OF 2025 Between:

1. Boga Laxminarayana, S/o. Chandraiah, Aged about 65 years, Occ. Retd Bank Employee, R/o. H.No.9-299, besides excise office, Near Sai Baba Temple. Teacher's Colony, Adilabad, 504001 .

2. Boga Surender @ Suresh,, S/o. Chandraiah, Aged about 54 years, Occ. Business, R/o. H.No.8-3-245lG/A, Near Peddamma Guddi Temple, Bhagath Nagar, Karimnagar, Telangana State.

... Petitioners/Accused No.'t & 2 AND

1. The State of Telangana, Rep. By its Public Prosecutor, High Court of Telangana State, High Court Buildings, Hyderabad.

...Respondent /No.1

2. Boga Sridhar,, S/o. Chandraiah, aged about 6'1 years, Occ. Advocate, R/o H No .12-1-68, Nlallial Village and Mandal, Jagital Dist, Telangana

...Respondent-No.2/Defacto Com plainant

Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the charge sheet CC No 1035/2022 dated 08/08/.2022 on the file of the ll Additional Judicial Magistrate of First Class at Jagtial, against Petitioner/Accused in the interest of justice, l.A. NO: 1OF 2025 Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition. the High Court may be pleased to stay all further proceedings in C.C No.1035 OF 2022 on the file of the Il Addl. Judicial Magistrate First Class at Jagtial, against Petitioner/Accused including personal appearance pending disposal of the main Criminal Petation

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of lt//s. SHAILAJA. R, Advocate for the Petitioners and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2.

The Court made lhe following: ORDER

THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CR|MINAL PETITION No.13283 OF 2025 ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioners-accused Nos.1 and 2 in C C.No.1035 ot 2022 pending on the file of learned ll Additional Judicial Magistrate of First Class, Jagtial, registered for the offences under Sections 447, 506 and 426 of l.P.C Heard Sri J. Sai Vamshi, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1-State 3.

Though this Criminal Petition is filed to quash the proceedings against the petitioners in the subject C.C., during the course of arguments, learned counsel for the petitioners restricted his arguments to the extent of dispensing with the presence of the petitioners before the trial Court 4.

Learned Additional Public Prosecutor submitted to pass appropriate orders in the Criminal Petition.

Perused the record

tr,t l).J Crl.l'\o.ll28l ot:0:i 6.

A perusal of the record discloses that the petitioners are facing charges for the offences under Sections 447, 506 and 426 of l.P.C. Considering the submission of the learned counsel for the petitioners, this Court deems it appropriate to dispense with the presence of the petitioners before the trial Court 7.

Accordingly, the Criminal Petition is disposed of dispensing with the presence of the petitioners before the trial Court provided they are represented by a counsel before the trial Court on every date of hearing and shall appear before the trial Court whenever their presence is required during the course of trial Miscellaneous Petitions pending, if any, shall stand closed. SD/-M.OSMAN ALI BAIG ASSII:TANT REGISTRAR I l //TRUE COPY// t) SECTION OFFICER To.

1. The llnd Addl. Judicial Magistrate First Class at Jagitial. 2 The Station House Offlcer, Mallial Police Station. Jagitial Dist.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] 4 One CC to M/s. SHAILAJA R, Advocate [OPUC]

5. Two CD Copies l,* RC,I'St-

HIGH COUR]I DATED: 14110t2025

ORDER

CRLP.No.13283 of 2025 F,l ,t Accordingllr, this Criminal Petition is Disposed of. ,'r ,(s I Ir "L\ t( lnl