Telangana High Court
CRLP/16314/2026 of Vadityavat Shantamma Vs The State of Telangana on 6 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16314 OF 2026 Between: Vadityavat Shantamma, Wo Gopal Nayak, Age. 37 years, Occ. Coolie, R/o H.No.1-16/
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE SIXTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16314 OF 2026
Between:
Vadityavat Shantamma, Wo Gopal Nayak, Age. 37 years, Occ. Coolie, R/o H.No.1-16/ 1, Kanakapur Thanda Village, Moosapet Mandal, Mahabubnagar Diskict, Telangana
...PETITIONER/ACCUSED
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, At Hyderabad.
...RESPONDENT No. 1
2. Bala Shiva Kumar, S/o Rambabu, Age. 31 years, Occ Private Employee, R/o H.No.6-9-141, Safai Basthi, Kothagudem, Bhadradri Kothagudem District, Telangana.
...RESPONDENT No. 2/DEFACTO COMPLAINANT
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 proceedings in C.C.No.1688 ot 2025, on the file of the Court of the ll Additional Judicial First Class Magistrate, Kothagudem.
l.A. NO: 2OF 2026
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 including appearance of the petitioner in c.c.No.1688 of 2025 on the file of the court of the ll Additional Judicial First class Magistrate, Kothagudem.
This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s. Bobbala Jyothirmai Advocate for the Petitioner, Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT TTYDERABAI)
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16314 of2O26
CNR.No. HBHCOl 06430720.26
Date:O6.1O.2O26
Between
Vadityavat Shantamma
.petltloner
AND
The State of Telangana, ald another
respondents
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ORDER
This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.1688 of 2025, on the hle of the II Additional Judicial First Class Magistrate at Kothagudem, wherein the petitioners was arrayed as accused, registered for the offences punishable under Sections 420 of the Indian Penal Code, 1860 (for short the 'IPC') and Section 66(D) of the Information and Technolory Act, 2008 (for short 'the IT Act').
2. Heard Mr. Bohbala Jyothirmai, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1 .
3. Witfr tht:ir consent, the criminal petition is disposed of at the stage ol aCmisston. Notice in respect of respondent No.2 is dis;rensed u it1-t. I. When this Court expressed the view that the present case does not come wrthin the ambit of rarest of rare cases, as the fina I report ccnt:rins specific allegations against the petitioner rvhich, pnmrL fctcie, disclose cognizable offences, and the gro unds urged in the criminal petitlon require adjudication by the trial Court after fu1l-fledged trial and the same cannot be adj u<licatecl bv this Court n'hile exercising the porvers conferred unrler Se,:tion 528 ol the Bharatiy'a Nagarrk Suraksha Sanhita, 2Ol)3 (for short 'BNSS'), at this juncture, learned counsel for the petitioner requested this Court to dispense with the presence of pet itioner/ accused rn C.C.No.1688 of 2025, on the file of the II Ad,litional Judicial First Class Magistrate at Kothagr.rdem, on the ground lhat petitioner/ accused is eking out her livelihood as a coolie and the matter before the trial Court has nc't ripened for the trial vet.
5. The learned Additior-ral Public Prosecutor has no: opposed ihr: submissioir rnade b1'the learned counsel lbr petrtioner
5. Taking in to consideration the peculiar iilcts and cir curnsta;-,c,rs of the case, occuoation of the J petidoner/ accused' and the submission made bY the learned counsel for the petitioner' the presence of the petitioner/ accused in C C No 1688 of 2025 ' on the file of the II Additional Judicial First Class Magistrate at Kothagudem' is dispensed with' subject to the condition that petitioner/ accused shal1 be represented by her counsel on every date of hearing' unless her presence is specifically required during the course of the trial' ln the event of non-appearance of petitioner/ accused on any date so frxed by the triai Court' the trial Court shali be entided to proceed wrth the matter in accordance with law' 7 . Accordingiy' the criminal petition is disposed of' applications, if anY' shall stand Pending miscellaneous To, closed . The 2nd Additional Ju //TRUE COPY/' TJ.f,?liYtu"''g#l"i
SECTTON OFFICER I
The Station House Kothagudem District Two CCs to Public Hyderabad [OUT] dicial First Class Magistrate at Kothagudem Officer, Kothagudem 3 Town Police Staiton' Bhadradri Prosecutor, High Court for the State of Telangana' at
4. One CC to Ms Bobbala Jyothirmat'
5. Two CD CoPies Advocate tOPUCI \VH r(rq \r,l
HIGH COURT DATED: 0611012026
ORDER
CRLP.No.16314 ot 202G DISPOSING OF THE CRIMINAL PETITION (\ b( -{ E t-,,, l-? .$ v dor} * LI $s J H * $tti ,<\ (..9\./ + \ -4.\l -v'o