High Court for State of TelanganaCRLRC/1266/2015disposed of no costs

K. Rajeshwar v. The State Of Telanagana

2015-07-28Raja Elango4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CRIMINAL REVISION CASE No.1266 of 2015 Between:

K. Rajeshwar.

..Petitioner And

1. The State of Telangana rep., by Public Prosecutor and another. ..Respondents.

DATE OF JUDGMENT PRONOUNCED: 28.7.2015 SUBMITTED FOR APPROVAL:

THE HONOURABLE SRI JUSTICE RAJA ELANGO

1. Whether Reporters of Local newspapers may be :: Yes/No Allowed to see the judgments?

2. Whether the copies of judgment may be marked :: Yes/No To Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see :: Yes/No the fair copy of Judgment?

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1266 OF 2015 ORDER:

1. This revision case is filed by the petitioner-husband challenging the judgment dated 6.4.2015 passed by the Additional Metropolitan Sessions Judge, Ranga Reddy District, L.B. Nagar, in Crl.A.No.973 of 2014 confirming the order passed in Crl.M.P.No.1438 of 2014 in D.V.C.No.43 of 2013 by the X Metropolitan Magistrate, Cyberabad at Malkajgiri.

2. The 2nd respondent is the wife of the petitioner. She filed the above DVC case against the petitioner. During the pendency of the same, she filed the above Crl.M.P. seeking to direct the petitioner herein to provide immediate shelter or alternative accommodation or to pay an amount of Rs.8,000/- per month towards rent. The trial Court allowed the said application directing the petitioner herein to provide alternative accommodation for the petitioner and her children or to pay Rs.5,000/- per month towards rental charges. Aggrieved by the same, the petitioner-husband filed appeal viz., Crl.A.No.973 of 2014 before the learned Additional Metropolitan Sessions Judge. The said appeal was dismissed confirming the order of the trial Court. Hence, the petitioner filed this revision case.

3. Heard and perused the material available on record.

4. Considering the facts and circumstances of the case and in view of the pendency of the DVC case, without expressing any opinion on the merits of the case, this Court is inclined to pass the following order: i) The trial Court is directed to dispose of the above DVC as early as possible.

ii) Till then, the petitioner is directed to pay Rs.2,500/- p.m., to the 2nd respondent towards rental charges from the date of her securing accommodation for her residence.

iii) The petitioner is further directed to pay arrears, if any, within a period of three months from the date of receipt of a copy of this order.

iv) The above order does not stand in the way of the trial Court in passing appropriate final orders in the above DVC.

5. With the above direction, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Dated: 28.07.2015 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1266 OF 2015 DATED 28th July, 2015.