Sudheer Raj Saxena v. State Of Telengana

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.9792 of 2015 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. challenging the order dated 30-07-2015 in Crl.M.P.No.84 of 2015 in M.C.No.341 of 2013 passed by the learned Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Casecum-Additional Family Court, Hyderabad. The respondents 1 and 2 herein, who are petitioners before the trial Court, filed a maintenance case in M.C.No.341 of 2013 against the petitioner/respondent seeking to grant maintenance of Rs.20,000/- to each of the petitioners.

They also filed Crl.M.P.No.84 of 2015 seeking to grant interim maintenance of Rs.20,000/- to each of the petitioners from the date of petition till disposal of the petition. The learned Additional Metropolitan Sessions Judge, on considering the facts and circumstances of the case, allowed the said petition granting an amount of Rs.4,000/- to the 1st petitioner and Rs.2,500/- to the 2nd petitioner per month towards interim maintenance from the date of petition till disposal of the main case. Challenging the said order, the present criminal petition is filed.

Heard the learned counsel for the petitioner and perused the material on record.

This Court, on 28-09-2015, while ordering notice before admission, granted interim stay of recovery of interim maintenance subject to payment of Rs.3,000/- per month with all arrears within two months from that date.

The interim stay granted by this Court on 28-09-2015 is

stated to be in force and the petitioner/respondent has complied with the said order.

Having regard to the facts and circumstances of the case and in view of the submission made by the learned counsel for the petitioner, without expressing any opinion on the merits of the case, this Court feels that interests of justice would be better served, if the trial Court is directed to dispose of the maintenance case within a stipulated period.

Accordingly, the Criminal Petition is disposed of. The petitioner/ respondent shall continue to pay Rs.3,000/- (Rupees three thousand only) as ordered by this Court earlier on or before 10th of every succeeding month and shall also continue to pay arrears of maintenance, if any, to the respondents 1 and 2 till disposal of the main case. The learned Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Casecum-Additional Family Court, Hyderabad is directed to dispose of M.C.No.341 of 2013 pending on his file as expeditiously as possible, preferably within a period of three (3) months uninfluenced by any observations made herein from the date of receipt of a copy of the order. Consequently, miscellaneous petitions, if any, pending, shall stand closed. ________________ RAJA ELANGO, J Date: 23-03-2016 Ksn