T.Swarup Kumar v. Sujatha Devi And 2 Others

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY,T,HE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE NO: 2584 OF 2013 Revision filed under Section 397 and 401 of Crl. P.C.,aggrieved by the Judgment dt.28-11-013, passed in Crl.A.No. 103 of 2011, on the file of the V Additional Metropolitan Sessions Judge (Mahila Court) at Hyderabad. Between:

T.SWARUP KUMAR, S/O T.G.Selvaraj, aged 36 years, occ Trainee Pastor, presently Residing at Hephzibah Church, Arutla village Manchal Mandal, R.R.District-so1 508.

...PETITIONER/RESPONDENT NO.,I/APPELLANT AND :

1. SUJATHA DEVI, w/o T.Swaroop Kumar, aged 32 years, occ :Staff Nurse, r/o Gowripatnam Post, Devarapally Mandal, W.G.District.

2. T . Mary Chandraleela, Wo T.G.Selvaraj , rlo 18-8-278121124, New Rakshapuram Colony, Saidabad, Hyderabad.

3. The State of Andhra Pradesh,, rep. by Public Prosecutor High Court, Hyderabad.

(Respondent No.2 is not necessary party) ..RESPONDENTS/PETITIONER/RESPONDENTS l.A. NO: 1 OF 2013(CRLRCMP. NO: 4075 OF 2013) Petition under Section 482 of Crl.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings including the execution of the order passed in D.V.C.NO. 118120'10 dt. 28-1-2011 on the file of the I Metropolitan Magistrate at Hyderabad, in so far a.s the monthly rent and monthly maintenance is concerned pursuant to judgment passed in Crl.A.No. 10312011 dt. 2B-1 1-2013, on the file of the V Additional [Vletropolitan Sessions Judge (Mahila Court) at Hyderabad.

l.A. NO: 1 OF 20 4(CRLRCMP. NO: 221 OF 2014 Petition under Section 482 of Crl.P.C., praying that in the circumstances stated in the affidavit filed in support of the petition, the High Sourt may be pleased to permit the petitioner herein to amend the main relief and the interim relief as "in so far as the monthly maintenance of Rs.500l to the child is concerned" in the place of in so far as the monthly rent and monthly maintenance in concerned'.

SRI V.VITHAL Counsel for the Petitioner Counsel for the Respondents Nos 1 &2 None Appeared Counsel for the Respondent No.3 ASSISTANT PUBLIC PROSECUTOR :ORDER The Court made the following J

THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.2584 oF 2013 ORDER:

The present Criminal Revision Case is filed seeking to set aside the Judgment passed in Crl.A.No.lO3 of 2O11, dated 28.11.2OL3 on the hle of V Additional Metropolitan Sessions Judge (Mahila Court) at Hyderabad.

2.

Heard learned counsel for the petitioner as well as the learned Assistant Public Prosecutor appearing for the respondent-State.

3.

A perusal of the record shows that the Revision pertains to the year 2013 ald the learned counsel for the petitioner seeks to set aside the order passed by the Court below stating that, the petitioner does not have any sufficient means to maintain his family members.

4.

This Court upon careful consideration of the entire material on record ald after hearing the submissions made by both the learned counsel is of the view that the maintenalce awarded by the Court below is very meagre and appropriate. Challenging such a meagre amount is not permissible at this stage as the cost

..e l.

of living standards of the people has been escalated. Ifence, this Court does not hnd any reason to interfere with the order passed by the Court below. Therefore, this Court is not inclined to entertain the Revision Case as the same is devoid of merits. 5.

Accordingly, the Criminal Revision Case is dismissed. Miscellaneous Petitions, pending if any, shall star d closed Sdi.K.SAILESHI DEPUTY REGISTRAR (1b //TRUE COPYII SEC-IION OFFICER To, The Court of I Metropolitan Magistrate at Hyderabad. The Court of V Additional Metropolitan Sessions Judge (Mahila Court) at Hyderabad.(with records, if any) Two CCs to the Public Prosecutor, High Court for the State of 'l-elangana at Hyderabad [OUT] One CC to SRl. V VITHAL, Advocate [OPUC] Two CD Copies .\)t4.

5.

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HIGH COURT DATED:30/06/2023 irE srnIE qi l\ Stt NB c, 3c.J 1\ t I

ORDER

l OESPAI CRLRC.No.25B4 of 2013 DISMISSING THE CRIMINAL REVISION CASE 1,>