← Library
High Court for State of TelanganaCRLP/912/2023disposed of no costs

Bandi Rambabu v. The State Of Telangana

2023-01-30K.Surender6 pages

[ 3251 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 912 OF 2023 Between:

Bandi Rambabu, S/o. Venkateswarlu, Aged 32 years, Occ. Agriculture, R/o.H.No.3- 't25, Billapadu Mllage, Thallada Manadal, Khammam District. ...PETITIONER/RESPONDENT AND

1. The State of Telangana, rep. by Public Prosecutor, High Court of Telangana, Hyderabad.

2. Bandi @ Jammula Hanisha, Wo. Bandi Rambabu, Aged 31 years, Occ. House-hold, Presently residing at H.No.4-2-47l 1, Srinivas Nagar, Khammam, Khammam Diskict.

3. Bandi Gananath Goud, S/o.Bandi Rambabu, Aged 11 Months, presently residing at H.No.4-2-47l 1, Srinivas Nagar, Khammam, Khammam District, (Respondent No.2 being a minor represented by his mother and natural guardian Bandi @ Jammula Hanisha Respondent No.1) ...RESPONDENT/PETITIONERS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the order dated 14.06.2022 passed in Crl.M.P.No.02 of 2022 in F.C.M.C.No.01 of 2Q22. On the file of The Court of the Judge, Family Court-cumlV Additional Session Judge at Khammam. l.A. NO: 1 OF 2023 Petition under Section 482 oI Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copies the proceedings in the order dated 14.06.2022 passed in Crl.M.P.No.02 of 2022 in F.C.M.C.No.01 of 2022. On the file of the Court of the Judge, Family Court-cum-lV Additional Session Judge at Khammam.

l.A. NO: 2 OF 20211 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in F.C.M.C.No.01 of 2022 on the file of the Court of the Judge, Family Court-cum-lV Additional Session Judge at Khammam pending disposal of the CRLP No. 912 of 2023, before this Honble Court.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. YOGESH ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER

/ THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI N No.912 OF 2023

ORDER

The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short'Cr.P.C.'), to set aside the order dated 14.06.2022 in Crl.M.P.No.2 of 2022 in F.C.M.C.No.1 of 2022 passed by the Judge, Family Court-cum-V Additional Sessions Judge at Khammam.

2.

The petitioner is the husband of 2nd respondent herein and father of 3'd respondent. The respondent No,2 and 3 herein has filed a petition vide F.C.M.C.No.\ of 2022 under Section 125 of Cr.P.C seeking maintenance from the petitioner herein. They have also filed an application under Section 125(1) of Cr.P.C. vide Crl.M.P.No.2 of 2022 in F.C.M.C.No.1 of 2022 seeking interim maintenance from the petitioners herein. Vide order dated 14.06.2022, Judge, Family Court-cum-Iv Additional Sessions ludge at Khammam, directed the respondent therein to pay an amount of Rs.5,000/- each per month(totailing Rs.10,000/-) to the petitioner Nos.1 and 2 therein t \ towards interim maintenance from the date of petition to till the disposal of main maintenance case. Aggrieved by the said order of ,

\ the learned Family Court Judge, the petitioner - respondent filed this criminal petition to set aside the aforesaid order. 3.

Heard learned counsel for the petitioner and learned Public Prosecutor for the respondent-State. Perused the record. 4.

Since the maintenance granted is interim in nature, this Court deems it appropriate to reduce the interim maintenance of Rs.10,000/- per month as ordered by the learned Family Court Judge to Rs.7,000/- per month i.e., Rs.3,500/- each to the 2nd and 3'd respondents herein from the date of this order untill the disposal of main maintenance case, 5.

In view of the above discussion, the order dated 14.06.2022 in Crl.M.P.No.2 of 2022 in F.C.M.C.No.I of 2022 passed by the Judge, Family Court-cum-V Additional Sessions Judge at Khammam, IS modified. With the said modification, this Criminal Petition is disposed of.

Miscellaneous Petitions, if any, pending, shall also stand THA , RAR II closed.

ASSISTANT REGIST ,ITRUE COPY'/ q/ SECTION OFFICER To,

1. The Judge, Family Court-cum-lV Additional Session Judqe at Khammam'

2. Two CCs to the p,urc pt-Jt""'toil High Cou't for the State of Telangana' at Hvderabad (OUT).

3. ;; cc 6 sri s. YoGESH, Advocate [oPUC]

4. Two CD CoPies DL k\'\&

HIGH COURT DATED:30/01/2023 r:. STAIq o

ORDER

a'

oo ?t?l riB ( CRLP.No.912 ot 2023 IB / ,/ Or-,Sp l'lt .-i5;7t'

CRIMINAL PETITION IS DISPOSED OF I I i $ .x l