Chunduru Phani Krishna Prasad v. Smt. Julakanti Swapna

[ 32ee ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENry FOUR PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE NO: 661 OF 2024 Criminal Revision Case filed under Sections 397 & 401 of Cr.P.C., against the Order dated 14.07.2023 passed in M.C.No. 59 ot 2021 on the file of the Court of the Judge, Family Court - cum - lV Additional Sessions Judge at Khammam. Between:

Chunduru Phani Krishna Prasad, S/o. Ch. Venkateswar Rao, Aged about 32 years, Occ: Private Employee, Presently residing at H.No.3-7-43514, lsrFloor, Cosmopolitan Colony, Auto Nagar, Rangareddy District, Telangana. Permanent residing at H-No.12-94i5, Srinivasa Nagar, Opp. Surya Talent School, Kodad Town and Mandal, Suryapet District508206, Telangana. ...Revision Petitioner/Respondent AND Smt. Julakanti Swapna, Dio. Julakanti Srinivasa Rao, Aged about 28 years, Occ Housewife, R/o. H.No, 2-2-210, Gandhi Chowk, Near Hanuman Statue, Khammam Town and District, Telangana.

...RespondenUPetitioner

2. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

...RespondenURespondent lA NO: 3 OF 2024 Petition under Section 482 ol Cr.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in M.C.No.59 of 2021 , dated 14.O7.2023 on the file of the Family Court-Cum-lV-Addl. Sessions Judge, at Khammam, pending disposal of main Crl.R.C.

Counsel for the Petitioner Sri Chandrasekhar Reddy Gopireddy : Sri Tarun Ram Aitham Counsel for Respondent No.1 Counsel for Respondent No.2 Smt. S. Madhavi, Assistant Public Prosecutor The Court made the following: ORDER

ry ,,/ l HONOURABLE SRI JUSTICE E.V.VETIUGOPAL CRIMINAL REVISION CASE No.551 of 2024 ORDER:

The challenge in the instant Criminal Revision Case is to the order dated 14.07.2023, passed in M.C.No.59 of 2021, by the learned Family Court-cum-IV Additional Sessions Judge, at Khammam.

2.

Vide the impugned order; the trial court has passed an ex parte order and partly allowed the petition filed by the respondent No.l directing the petitioner herein to pay a sum of Rs. 1O,O0O /- per month towards monthly maintenance to the respondent on or before 05th of every succeeding month directly to the account of the respondent No.l and the accrued alrears to be paid within three months from the date of said order 3.

Learned counsel for the petitioner would submit that the petitioner has not been given proper opportunity to make his submissions and he has no knowledge about the same and hence would submit that without giving any opportunity, passing such an order would ultimately forfeit the right of the petitioner to put up his case before the learned trial court. Hence, seeks to set aside the impugned order dated 14.O7.2023,

passed in M.C.No.59 of 2021, by the learned Family Court-cumIV Additional Sessions Judge, at Khammam. 4.

On the other hand, opposing the above submissions, learned counsel for the unofficial respondent would submit that the petitioner has hled Cr1.M.P.No,6 of 2023 on the hle of the learned Family Court-cum-lV Additional District and Sessions Judge at Khammam, seeking to condone the delay of 64 days in filing the petition to set aside the ex parte order dated 14.7.2023 and the szune was dismissed vide order dated O8.O4.2024. 5.

This Court after hearing the learned counsel on either side and after going through the order passed by the trial court is of the view that the learned trial court while passing the impugned order has relied upon the submissions made by the learned counsel for the petitioner in M.C.No.S9 of 2021, which in my considered view is incomplete because the petitioner herein was not given ample opportunity to put forth and substantiate his case and accordingly the order dated 14.07.2023 passed 1n M.C.No.59 of 2021, by the learned Family Court-cum-IV Additional Sessions Judge, at Khammam, is set aside and the matter is remanded back to the trial court for fresh consideration

6.

Accordingly, this criminal revision case is allowed. Miscellaneous petitions, if any, pending in this criminal petition, shall also stand closed.

Sd/. T. SRINIVAS DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Judge, Family Court - cum - lV Additional Sessions Judge at Khammam (with records, if anY)

2. bne CC to Sri Chihdrasekhar Reddy Gopireddy, Advocate [OPUC]

3. One CC to Sri Tarun Ram Aitham, Advocate [OPUCI

4. Two CD Copies N ib/sh '-Y{

I I HIGH COURT DATED:1 2lOBl2024 a 1H-- J , )i( 2I ttT zut r0

ORDER

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CRLRC.No.661 ot 2024 tf.:'t - a/ ST'

ALLOWING THE CRLRC Go$a 'o trt