Syed Shah Ali Hussain v. The State Of A.P. And Another
[ 32ee ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY,THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TWENryTHREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE NO: 362OF 2013 Revision Case filed under Sections 397 & 401 of Cr.P.C., aggrieved by the Orders dated 30.11.2012 passed in M.C.No. 21 of 2011 on the file of the Additional lvletropolitan Sessions Judge for the Trial of JHCBBC cum Additional Family Court cum XXlll Additional Chief Judge, Hyderabad.
Between:
' Syed Shah Ali Hussain, S/o Syed Ahmed Jeelani, Age: 46 years, Occ: Pvt. Service, R/o H.No.1 1-4-63714, A.C.Guards, Hyderabad. ...PETITIONERYRESPONDENT AND
1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad.
2. Shahana Parveen, D/o Syed Osman Ali, Age: 38 years, Occ Household, R/o H.No. 1 7-1 -375 137 I 1 lD, Hasanabad, Santhosh Nagar, Hyderabad. ... RESPONDENTS/PETITION ERS l.A. NO: 1 OF 2013(CRLRCMP. NO: 548 OF 2013) Petition under Section 482 of 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 grant interim stay of all further proceedings including execution proceedings in M.C.No.2'1 ot 2011 on the file of the Addl. Metropolitan Sessions Judge for the Trial of JHCBB Case cum Addl. Family Court cum XXlll Addl. Chief Judge, Hyderabad, dated 30.11.2012, pending disposal of the Crl.R.C., in the interest of justice.
Counsel for the Petitioner : Mr. M. BASTTH ALI YAVAR Counsel for Respondent No.1 : Mr. VIZARATH ALl, ASSISTANT PUBLIC PROSECUTOR Counsel for Respondent No.2 : Mr. ALI FAROOQUE The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.362 OF 2013 ORDER:
This Criminal Revision Case is filed aggrieved by the order dated 30.11.2012 in M.C.No. 2l of 2Ol1 on the file of learned Additional Metropolitan Sessions Judge for the trial of JHCBBCcum-Additional Family Court 2.
Heard Mr. M. Basith Ali Yavar, learned counsel for the petitioner and Mr. Yizarath Ali, learned Assistant Public Prosecutor appearing for the respondent State. 3.
The brief facts of the case are that the Court belbw vide order dated 30.ll.2Ol2 in M.C.No.21 of 2011 directed the petitioner to pay an amount of Rs.3,OOO l- per month to respondent No.2 towards her maintenance from the date of the order. Aggrieved by the same, the present Revision 4.
A perusal of the record shows that the matter pertains to the year 2013 and this Court vide order dated 2l .O2.2O13 granted interim stay of order dated 30.ll.2Ol2 in M.C.No.21 of I 2}ll on the file of Court below subject to the petitioner I depositing Rs. 1,50O/ per month to respondent No.2 from the r'1
t.
ll date of the order i.e., 30.11.2012. Arrears, if any, at the rate indicated was to be paid within four weeks. The current maintenance at the rate indicated was to be paid by 16tt' of every succeeding month. But nothing is available on record to show that the interim order passed by this Court is being complied with.
5.
Therefore, upon careful consideration of the entire materia_l available on record and after hearing the submissions made by both the learned counsel is of the view that the maintenance grarted to respondent is very meagre and appropriate. Challenging such meagre amount is not permissible at this stage as the cost of living standards of the people have escalated. Hence, I do not find any reason to interfere with the order passed by the Courts below. Therefore, this Court is not inclined to entertain the Revision as the same is devoid of merits. 6.
Accordingly, the Criminal Revision Case is dismissed. Miscellaneous Petitions, pending if any, shall stand closed. Sd/.T.KRISHNA KUMAR DEPgIY REGISTRAR LaD //TRUE COPY'
SECTION OFFICER To,
1. The Additional Metropolitan Sessions Judge for the Trial of JHCBBC cum Additional Family Court cum XXlll Additional Chief Judge, Hyderabad.
2. One CC to M/s. lvl. BASITH ALI YAVAR, Advocate [OPUC]
3. One CC to tM/s. ALI FAROOQUE, Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. (OUT) \ . r.^.^ art a^-:-- - \ . tl- :
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l_ HIGH COURT DATED:1310712023 1 '
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ORdER CRLRC.No.362 of 2013 DISMISSING THE CRLRC "\\A $