Sandeep Chouhan Lavudya v. The State Of Telangana
[ 33851
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No: 2827 ol 2O24 Between:
Sandeep Chouhan Lavudya, S/o. Harishankar Chouhan, Age: 40 years, Occ: Legal Practitioner, Rl/o. H.No.2-7-1 15, Bhavani Nagar, Hanamkonda, Warangal District.
..Petitioner/Respondent AND
1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.
...Respondent
2. Shobha Rani Chouhan @ Badavath Shobha Rani, Wo. SaMeep Chouhan, Age: 40 years, Occ: Housewife, R/o.H.No.2-10-305, Jyothinagar, Karimnagar Town and District.
3. Adarshini Chouhan, D/o. Sandeep Chouhan Lavudya, Age:1?years, Occ: Student, Minor, Rep. by her Natural Guardian, Shobha Rani Chouhan @ Badavath Shobha Rani, i.e., Respondent no.2, Rt/o. H. No.2-10-305, Jyothinagar, Karimnagar Town and District.
...Respondents/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 Docket Order dated 19-01-2024 passed in Crl.M.P.No.197 of 2023 in M.C.No.01 ot 2018 on the file of the Court of the Hon'ble Judge, Family Court cum lV Additional District Judge, at Karimnagar, Karimnagar District.
l.A. NO: 1OF 2024 Petition under Section 482 of CI.P.C praying that in the circumstanoes stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Docket Order dated.19-01-2024 Crl.M.P.No.197 of 2023 in M.C.No.O1 of 2O18 including the execution of warrant on the file of the Court of the Hon'ble Judge, Family Court cum lV Additional
District Judge, at Karimnagar, Karimnagar District, pending disposal of the above criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NAGESHWAR RAO PUJARI, Advocate for the petitioner and the Sri S. GANESH, Assistant Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondents No.2 & 3.
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETTTION No.2827 of2024 ORDER:
this petition, the petitioner is challenging the docket orders, dated 19.O1.2O24 passed by learned Judge, Family CourtCum-lV Additional District Judge at Karimnagar, in Crl.M.p. No. 197 of 2023 in F.C.M.C. No.01 of 2018. By the impugned orders, Non Bailable Warrants were issued against the petitioner. 2.
Heard Sri Nageshwar Rao Pujari, learned counsel for the petitioner and Sri S. Ganesh, learned Assistant public prosecutor for respondent No. I - State. Perused the record. 3.
Learned counsel for the petitioner submitted that respondent No.2 filed several petitions before the trial Court seeking direction to the petitioner to pay the €urears of maintenance, which are untenable in [aw. He further submitted that the trial'Court without granting time to petitioner for filing counter, erroneously issued Non-Bailable Warrants for non-compliance of tt,le ex-parte maintenance order. He also submitted that the petitioner is ready to pay 5O7o of the due amounts from the date of petition to till date. 4.
In view of the submissions made by the learned counsel for the petitioner and also considering the facts and circumstances of the case, this Court is inclined to direct the petitioner to surrender before
the trial Court on or before 18.03.2024, and on such surrender, the trial Court is directed to recall the Non Bailable Warrants issued against the petitioner on the same day on his furnishing an undertaking to appear before it as and when required' Till such surrender of the petitioner, the Non Bailable Warrants shall not be executed. The petitioner is further directed to pay 5O% of the due amounts of interim maintenance on the day of surrender before the trial Court without seeking any further adjoumment, failing which, the present order gets cancelled.
With the above directions, the Criminal Petition is disposed of Miscellaneous applications, if aly pending, shall also stand closed. sd/-A.V.S.PRA#D ASSISTANT REGISTXAR /,TRUE COPY// SECTION OWrcen To, '1. The Judge, Family Court cum lV Additional District Judge, at Karimnagar, Karimnagar District.
2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT)
3. One CC to SRI NAGESHWAR RAO PUJARI, Advocate [OPUC]
4. Two CD Copies kam/eh ^(L
I , ( HIGH COURT DATED:1 2 10312024
ORDER
CRLP.No.2827 ot 2024 1 HE ST4re og ( o 2 o APB 202{ za .L t FSPATCHsO + DISPOSING OF THE GRIMINAL PETITION @.*s-fM