The Telangana High Court granted interim relief to a Nagpur-based family, staying criminal proceedings in a matrimonial case filed in Hyderabad, easing their legal and emotional burden.
In CRLP No. 9159 of 2025, the Telangana High Court granted interim protection to a family caught in the crossfire of a serious matrimonial dispute. The petitioners—Mr. Ashish Vitthal Teje, a working professional from Nagpur, along with his aged parents, Mr. Vitthal Kashinath Teje (a retired man) and Mrs. Shashi Vitthal Teje (a homemaker)—were facing legal proceedings stemming from a complaint lodged by Mr. Teje’s wife, Mrs. Smita Ashish Teje, in Hyderabad. The FIR led to criminal charges in CC No. 12111 of 2024, pending before the XV Additional Chief Metropolitan Magistrate, a court situated far from the petitioners’ hometown. The situation placed a disproportionate burden on the parents—senior citizens with no direct role in the alleged incidents—and forced the family to undertake long and exhausting travel just to attend procedural hearings. This created a situation where the process itself became a punishment, overshadowing the actual merits of the case.
The petitioners, represented by Advocate Ishwar S. Charlewar of Charlewar Associates, moved the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a modern legal provision aimed at correcting procedural injustices and offering flexibility in the administration of criminal law. The newly enacted BNSS seeks to balance the interests of justice with the rights and dignity of individuals navigating the legal system. In this case, the petitioners requested two primary forms of relief: first, a stay on all further proceedings in the Magistrate Court, and second, exemption from their personal appearance until the High Court had a chance to fully examine the matter. Their counsel argued that the case, at its core, involved not just legal issues but human hardship, as the accused family members were being drawn into criminal litigation without sufficient evidence implicating them directly.
Hon’ble Justice N. Tukaramji, after hearing the matter and reviewing relevant material—including independent witness statements and investigative records—found that a prima facie case was indeed made out for deeper judicial deliberation. In a compassionate and balanced order dated 23rd July 2025, the High Court directed a complete stay of proceedings in the trial court, including personal appearance requirements, until 17th September 2025. The Court also permitted the petitioners to serve notice to Respondent No. 2 (the complainant) via registered post, ensuring that due process would not be compromised while the relief remained in place. The judgment is significant for several reasons: it not only shields the petitioners from unnecessary procedural harassment but also sets a precedent for how BNSS can be interpreted to safeguard individuals from overreach and hardship in family disputes. The ruling reminds us that legal processes, while vital for justice, must also reflect empathy, practicality, and respect for the lives of those entangled in them.
This case stands as a timely example of the evolving Indian criminal justice system—one that increasingly recognizes the emotional and logistical challenges faced by families, especially the elderly, in cross-jurisdictional litigation. It emphasizes that interim relief is not merely a procedural pause, but a protective mechanism that ensures individuals are not worn down by the weight of the system before the truth has a chance to emerge. The legal team at Charlewar Associates ensured that the High Court saw both the legal nuances and the lived reality of the petitioners—a holistic approach that reflects the future of responsible, empathetic legal advocacy. As India transitions to BNSS, this case may well be cited as an early example of how its provisions can be used to defend against misuse of criminal proceedings and ensure that justice is not delayed by ritual, but advanced through reason..
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