Vadlanapu Guravaiah v. Vadlanapu Aruna Devi

HIGH COURT FOR THE STATE OF TELANGANA TUESDAY,THE THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTTCE E.V.VENUGOPAL CRIMINAL EVISION CASE No 3236 0F 2(J!7 Criminal Revision Case Under Section 397 & 401 of Cr.P.C. against the Order in CrlMPNo. 242 oI 2017 in MC No. 39 ot 2017 on the file of the Judge, Family Court, at Khammam dated 07.11.2017.

Between:

Vadlanapu Guravaiah S/o Venkateswarlu ...PETITIONER AND

1. Vadlanapu Aruna Devi W/o Vadlanapu Guravaiah

2. Vadlanapu Karthik S/o Guravaiah

3. Vadlanapu Madhuri D/o Guravaiah ($pspondents 2 and 3 being minors rep. by their natural Mother the l".respondent herein and all are R/o H.No.4-2-6211, Srinagar Colony, Road No.7, Khammam City and District.)

4. The State of Telangana rep. by its Public Prosecutor, High Court at Hyderabad ..iesForuoerurs Crl MP No.5228 of 20t7.

Petition under Section 482 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 pursuance to the order in Crl.M.P. No.242 of 2OL7 in MC No. 39 of 20L7, dated 07.11.2017 on the file of the Judge, Family Court, Khammam, pending disposal of the above Crl.R.C. Gounsel for the Petitioner:SRl. K.Rathanga Pani Reddy, Advocate Counsel for the Respondent No.4 : Assistant Public Prosecutor Counsel for the Respondent Nos. 'l to 3 : Sri G.L.Narasimha Rao, Advocate The Court made the following: ORDER

,7 THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL REVISION CASE No.3236 OF 2OL7 ORDER:

This Criminal Revision Case is l-rled against the order in Crl.M.P.No.242 of 2Ol7 in M.C.No.39 of 2017, dated 07.11.2017 passed by the learned Judge, Family Court at Khammam. 2.

Heard the learned Assistant Public Prosecutor appearing for respondent-State. Perused the record.

3.

The brief facts of the case are that respondent No.1 herein is the legally wedded wife of the petitioner herein and their marriage took place on 28.12.1999 at Thatipudi Village, Wyra Mandal, Khammam District. At the time of marriage, the father of respondent No. 1 gave Rs.7,OO ,OOO / - towards cash and also paid Rs.8,OO,O0O/- towards purchase of house site and the same was purchased in th. ,.-.

of the petitioner. Since the beginning, the petitioner and his relative raised disputes. After completion of the marriage, the petitioner left the place and did not turn up. Thereafter, panchayat was held and the respondent No. 1 joined the company of the petitioner. Th€ petitioner is a

Government Teacher. They both lead happy marital life only for six months.

4.

Thereafter, the petitioner started demanding additional dowry and started beating respondent No.1. Once or twice, panchayats were held. Thereafter, the petitioner was transferred from Mamillagudem to Julurpadu. The petitioner used to beat respondent No.1 and a panchayat was held before the colleagues. The petitioner submitted his apologies. Thereafter, he was transferred from Julurpadu to Sathupally. There also, the petitioner beat respondent No.1. Respondent. No.1 shifted the residence to Srinagar Colony. Respondent No.2 completed class X and joined in Intermediate. In the month of February, 2017, the petitioner beat respondent No.1 and necked out her. Then respondent No.l went to women Police Station, Khammam and gave a report. The same was registered as a Case in Crime No.39 of 2017. Respondent No.l now took shelter under her father at Khammam. The petitioner did not change his attitude. The petitioner working as a Government Teacher and is having own house and agricultural lands. As respondent No.1 is a household lady, has no means to maintain herself and her children filed

CrI.M.P.No.242 of 2Ol7 in M.C.No.39 of 2Ol7 to grant interim maintenance of Rs.8,000/ - per month each to the respondent Nos. 1 to 3.

5. The learned Judge, Family Court at Khammam upon considering the oral and documentar5r evidences before it, has allowed the petition granting interim maintenance of Rs.6,000/- each per month to the respondent Nos. 1 to 3 from the date of filing of that petition to till disposal of the main case. The petitioner is also directed to pay the arrears of interim maintenance amount to the respondents within one month and to pay the interim maintenance on or before l Ott' of every succeeding calendar month. Aggrieved by the same, the present criminal revision case is filed.

6.

A perusal of the record shows that the Revision pertains to the year 2017. This Court uide order dated 27.04.2022 in Cr1.R.C (SR) No.3198 of 2022 held that as against an interlocutory order, a Revision under Section 397 of Criminal Procedure Code is not maintainable.

7 .

In view of the above, this Court is not inclined to entertain the Revision at this stage, as the proceedings hereunder are

,3 covered by the order dated 27 .O4.2022 in Crl.R.C (SR) No.3198 of 2022 passed by this Court 8.

Accordingly, the Criminal Revision Case is dismissed Miscellaneous Petitions, pending if any, shall stand closed. sd/- t. NAGA LAKSHMT DEPUW REGISTRAR I ITRUE COPYI I --,,- \4'

SECTION OFFICER To, . The Judge, Family Court, Khammam District . Two CC Public Prosecutor, High Court of Judicature at Hyderabad For the State of Telangana.

, One CC to Mr.K.Rathangapani Reddy, Advocate [OPUC] . One CC to Mr. G.L.Narasimha Rao, Advocate (OPUC) . Two CD Copies -y N KVO

HIGH COURT DATED: 03.10.2023 1 e STATE o 0 2 Jhli ?0?-{ -) L) o t * Ogsp6lC

ORDER

CRL RC NO. 3236 ot 2017 DISMISSING THE CRIMINAL REVISION CASE )P 11u