Smt. Surakani Radhika v. S Narsimha Reddy

r.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERAAAD WEDNESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTHREE PRESENT I 'THE HoNoURnBLE sRt JUslcE K.sURENDER CRIMINAL PETITION NO:12228OF 2023 Between:

1. Smt. Surakani Radhika, Wo. Narsimha Reddy, Ag+ 38 years, OccHousewife, R/o. Plot No. 14, Road No-S, Near St. Alphonsa Grammar School, L.B. Nagar, Hayathnagar, Ranga Reddy District

2. Master S. Rohith Reddy, S/o. Narsimha Reddy, Age- 16 years, minor,

3. Master S. Lokesh Reddy, S/o. Narsimha Reddy, Age. 14 years, Minor, Petitioner No. 2 and 3 are Represented by their mother and natural guardian Smt. Surakani Radhika, Wo. Narsimha Reddy, Age. 38 years, Rl/o. Plot No. 14, Road No.5, Near St. Alphonsa Grammer School, L.B. Nagar, Hayathnagar,

...Petitioners/Petitionefs

AND S Narsimha Reddy, Sio. Sai Reddy, Age- about 48 years, Occ- Business, Rl/o. Veliminedu Village, Chityala Mandal, Nalgonda District ...RespondenU Respondent The State of Telangana, Represented by its Public Prosecutor, High Court of Judicature at Hyderabad'

..,RespondenuRespondent 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 order dated 28-11-2023 in Crl.MP.No.317 of 2023 in M.C.No. 32 ot 2016 on the file of the JUDGE ADDITIONAL FAMILY COURT, RANGA REDDY DISTRICT AT L.B.NAGAR dismissing the petition filed for striking off the defence evidence of respondent for willful non-compliance of order dated '12-09-2023. lt is further submitted that Petitioner No.1 is wife, Petitioner No.2 and 3 are Minor sons of Respondent No.1

l.A. NO: 1 OF Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Pelition, the High Court may be pleased to stay all further proceedings in M.C.No. 32 oI ,2016 on the file of Honble JUDGE ADDITIONAL FAIVILY COURT, RANGA REDDY DISTRICT AT L.B.NAGAR.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri TEKURU SWETCHA, Advocate for the Petilioner and the Public Prosecutor on behalf of the Respondent No.2 and None Appeared for the Respondent No. 1 The Court made the following: ORDER

THE HONOURABLE SRI WSTICE K.SURENDER CRIMINAL PETITION No.12228 OF 2o23 ORDER:

This Crimina,l Petition is fi1ed under Section 482 of the Code of Crirninal Procedure, 1973 (for short 'Cr.P.C.J by the petitioners to quash the order dated 28. ll.2O23 in Crl.M.P.No.317 of 2023 in M.C.No.32 of 2016 on the frle of the Addl. Family, Court, Ranga Reddy District at L.B.Nagar.

2.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondentState and perused the record. 3.

The wife and children of respondent No. t herein have frled maintenance case i.e. M.C.No.32 of 2OL6. Aggrieved by the grant of interim maintenance of Rs.2O,OOO/- per month in Crl.M.P.No.92 of 2Ol7 in M.C.No.32 of 2016, the husband approached this Court by Iiling Crl.P.No.8517 of 2017. This Court while passing interim orders reduced the amount of interim

maintenance to Rs.12,000/- per month to be paid to the wife and children.

4.

Subsequently, this Court had disposed of Crl.P.No.8517 of 2Ol7 on 12.09.2023 directing that the interim maintenance granted shall continue to be paid for another four (O4) months and directed the Court below to dispose of the main case within four (O4) months. It was further observed that under changed circumstances, the respondents (wife and children) shall approach the Court below seeking alteration of maintenance.

5.

The orders passed by this Court on 12.09.2023 regarding continuation of paying interim maintenance was as directed to be paid by this Court earlier. Further, the said amount is not final and not passed on the facts of the case. It is upon for the petitioners to file an application under Section 126 of Cr.P.C seeking enhancement of the interim maintenance granted. The said application shall be disposed off on the basis of the present situation and the amount required for the wife and children for sustain themselves.

,/ 6.

Since there are already orders of this Court to dispose off the main case within a period of four (04) months, which time has not expired now, this Court deems it appropriate to dispose of the present petition with the above observations. Needless to say that the arrears till date shall be calculated as directed by this Court earlier and shall be paid within a period of eight

(08) weeks.

7 .

With the said direction, the Criminal Petition is disposed off.

Miscellaneous applications pending, if any, shall stald closed.

sd/- A.v.s. P ASSISTANT REGI //TRUE COPY// AD SECTION OFFICER To,

1. The Judge Additional Family Court, Ranga Reddy District at L.B.Nagar

2. Two CC to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

3. One CC to SRl. TEKURU SWETCHA, Advocate [OPUC]

4. Two CD Copies PSR s1 -\,"-

HIGH COURT DATED:1311212023 1 11E SrAlq'

18 DEI 2[8 + a

ORDER

.5 + * ,r:.c D t:

CRLP.No.12228 of 2023 DISPOSING OF THE CR!MINAL PETITION.

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