Telangana High Court
CRLRC/204/2024 of Vaddepalli Balakrishna Vs Vaddepalli Kalpana on 29 December 2023
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE NO: 204 OF 2024 Criminal Revision Case under Section 397 and 401 of Cr.P.C against the order dated
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL REVISION CASE NO: 204 OF 2024
Criminal Revision Case under Section 397 and 401 of Cr.P.C against theorder dated 0611012015 passed in Crl.M.P.No. 158 of 2015 in M.C.No. 9/2015 onthe file of the Judge Family Court at Warangal.
Between:
Vaddepalli Balakrishna, S/o Rajaiah, Aged- 32 years, Occ- Govt. Employee Rl/oH.No 3-5-554137, Plot No. 203, SPS Residency, Opp- Sahara Estate,Mansoolabad, L.B. Nagar Muncipality, Saroornagar, Rangareddy District.H.No 3-5-554137, Plot No. 203, SPS Residency, Opp- Sahara Estate,Mansoolabad, L.B. Nagar Muncipality, Saroornagar, Rangareddy District.
...PETITIONERYPETITIONER/RESPONDENT
AND
1. Vaddepalli Kalpana, Wo Bala Krishna D/o P. Sudhakar, Aged- 28 years Occ-Household, Ryo H.No 17-4-52, Kareemahad, Warangal City and Dist.Household, Ryo H.No 17-4-52, Kareemahad, Warangal City and Dist.
..RESPONDENT/RESPON DENT/PETITIONER
2. State of Telangana, Rep. by P.P. High Court at Hyderabad for the State ofTelangana and State of Andhra PradeshTelangana and State of Andhra Pradesh
...RESPONDENT/RESPONDENT
l.A. NO: 2 OF 2016(CRLRCMP. NO: 4926 OF 2016)
Petition under Section 482 of Cr.P.C. praying that in the circumstancesstated in the affidavit filed in support of the petition, the High Court may bepleased to suspend the order dated 06/10/2015 passed in Crl.M.P.No. 158 of2015 in M.C.No. 9i2015 on the file of the Judge Family Court at Warangal tillpending disposal of this Criminal Revision Petition.
Counsel for the Petitioner : SRl. PODILA HARI PRASAD
Counsel for the Respondent No.2: SRI VIZARATH ALl, ASST. PUBLIC PROSECUTOR [(TG)]
Counsel for the Respondent No.1: NONE APPEARED.
The Gourt made the following ORDER:
THE HONOURABLE SRI JUSTTCE E. V. VENUGOPALCRIMINAL REVISION CASE No.2O4 of 2o24
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ORDER:
The present Criminal Revision Case is filed seeking to allowthe Revision Case by setting aside the Order dated 06.10.2015 inCrl.M.P.No.t58 of 2Ol5 in M.C.No.9 of 2015 on the file of theJudge, Family Court - Cum - III Additional District and SessionsJudge, Warangal.2. Heard learned Assistant public prosecutor appearing forrespondent No.2 - State. perused the record.
3. The brief facts of the case are that respondent No.2 hereinis the legally wedded wife of the petitioner and their marriage wassolemnized on 04 .O2 .2O06. At the time of marriage, the parents ofrespondent No.2 herein gave eight tulas of gold ornaments andRs.3,00,000/- in cash along with house articles as dowry to thepetitioner and his parents. Out of their marriage, they wereblessed with one male child. Subsequently, the petitioner and hisparents have been torturing respondent No.2 for more dowry andfor divorce also. Unable to bear the torture of the petitioner andher parents, respondent No.2 went to her parents, home arong/with her child and srrbsequently, she filed maintenance case before the Judge, Family Court - Cum - III Additional District [and]Sessions Judge, Warangal, in M.C.No.9 of 2O15, to direct [the]petitioner herein to pay Rs.2O,O00/- towards the maintenance ofrespondent No.2 and her child. Further, the petitioner is [working]as Government Servant in Indian Army and he is earning [more]than Rs.3O,OOO l- per month. After perusal of the record, [the]Family Court had directed the petitioner herein to [pay ]a sum [of]Rs.S,OOO/- to respondent No.2 herein and Rs.2,000/- to [her]child, totaling Rs.1O,O00 l- from the date of the petition andfurther directed the petitioner herein to pay a sum of Rs.S,OOO/-to respondent No.2 herein towards legal expenses. Aggrieved bythe same, the petitioner herein/husband has hled [present]Criminal Revision Case.
4. A perusal of the record, it depicts this revision case pertainsto the year 2016. The maintenance awarded by the Court belowis sufficient and appropriate. This Court vide Order dated27.04.2022 in Crl.R.C (SR) No.3198 of 2022 held that as againstan interlocutory order, a Revision under Section 397 of CriminalProcedure Code is not maintainable
5. In view of the above, this Court is not inclined to entertainview of the above, this Court is not inclined to entertainof the above, this Court is not inclined to entertainabove, this Court is not inclined to entertainthis Court is not inclined to entertainCourt is not inclined to entertainis not inclined to entertaininclined to entertainto entertainentertainthis Revision. However, at this stage, as the proceedings In view of the above, this Court is not inclined to entertainview of the above, this Court is not inclined to entertainof the above, this Court is not inclined to entertainabove, this Court is not inclined to entertainthis Court is not inclined to entertainCourt is not inclined to entertainis not inclined to entertaininclined to entertainto entertainentertain hereunder are squarely covered by the Order [dated 27.O4.2022 ][in]Cr1.R.C (SR) No.3198 of 2022 passed by this [Court.]
6. In the light of the discussion made herein before, [this]Criminal Revision Case is dismissed Miscellaneous Petitions, pending if any, shall stand closed Sd/. T. KRISHNA KUMARDEPUTY *.o,VA*
//TRUE COPY//
SECTION OFFICER
To,
1. , The Judge Family Court at Warangal.
2. at Two Hyderabad CCs to pUBLIC PROSECUTOR, High Court for the State of Telangana[OUT][OUT]
3. One CC to SRt. pODtLA HARI PRASAD Advocate [OpUC]
4. Two CD copies.
Cvk/kam
Ld,lrr
HIGH COURTDATED:2911212023
ORDER
CRLRC.N o.204 ol 2024
CRL RC is Dismissed.
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