CRLP/16407/2026 of Petlu Srinivasan Vs The State of Telangana on 6 October 2026

1. The State of Telangana, Rep by its Public Prosecutor High Court for the State of Telangana

2. Pasula Priyanka, W/o Petlu Srinivasan, Age: 30 years, Occ. Home Maker

3. Petlu Kaira, D/o Petlu Srinivasan, Age: 6 years, Occ: Student

4. Petlu Advik, S/o Petlu Srinivasan, Age: 6 years, Occ: Student All are Fl./o H.No.6-551 , 19-77, Prashanthnagar, Kapra, Medchal Malkajgiri District. Respondent Nos.3 and 4 are represented by their guardian and natural mother i.e., Respondent No.2 ... RespondenUPetitioners Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the Hon'ble Principal Family Court Medchal Malkajgiri District at Kushiaguda to decide upon the applications U/s 125(4) of Crpc daled 24-07-2026 and U/s 91 of Crpc dated 03-09-2026 seeking for reconciliation of the maintenance and calling for maintenance records in custody of the Respondent wife in MC. 52 ot 2023 before insisting on the payment of maintenance arrears. l.A. NO: 1OF 2026 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to recall the NBW dated 23-06-2026 in Crl.MP.No.190 ot 2024 in MC No.52 of 2023' on the file of the Hon'ble Principal Family Court, Medchal Malkajgiri District at Kushiaguda pending disposal of this petition.

IEE*lMl!lEr:t This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. y.V. pavan Kumar, Advocate for the Petitioner and Mr. Jithender Rao Veerama a, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondents No.2 to 4. The Court made the following: ORDER

IN THE IIIG}I COUR'| FOR 1'IIE S'IA'I'E OF TELANGA NA A.t TIYDERABAD THE HONOURABLE SRI J[JS'TICE J.SREENIVAS RAO CRIMINAL PEl'ITION No. 16407 of 2026 CNR No. : H8IIC010657762026 Date: 06.10.2026 Behveen: Petlu Srinivasan ...Petitioner AND The State of Telangana and three others . Respondents ORDT],R 'I'his Criminal Petition has been tiled by the petitioner seeking a direction to the learned Principal Family Court, Medchal- Malkajgiri District at Kushaiguda. to decide the applications dated 24.0'1 .2026 and 03.09.2026, seeking reconciliation of the rnaintenance amount and calling fol the maintenance records in the custody of respondent No.2 in M.C.No.52 ol 2023. belbre insisting upon payrnent o1- the rlaintcnancc arre ars.

2. Heard Mr.Y.V.Pavan Kumar. learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. I

3. f hough this Criminal petition is fi led seeking various reliefs, during the course of hear.ing. learned counsel lor the petitioner restricted his relicf to recalling the NIIW issucd b1, the learned Principa) Farnily Courr, Medchal-Malkajgiri District ar l(ushaiguda, in Crt.M.P.No.l90 of 2024 in M.C.No.52 of 2023, :rgainst the petitioner on 23 .06.2026. Hence. notice in respeot of lespondent No.2 is dispensed with.

4. Learned counsel 1br the pctitioner subrnits rhat respondent No.2 tlled M.('.No.52 of 2023 on her bchalf and or.r behalf of respondent ),los.3 and 4 belore the principal Distr.ict and Sessions Judge-cum- Irarnily Court, Medchal-Malkajgiri Distr icr, claiming maintenance. Basing on the memorandum of agreement entered into by the 1rar1ies, the said M.C. was disposed ol on23.06.2023. Thereafter, respondenr No.2 filcd Crl.M.p.No.l90 ol 2024 on her behalf and on bchalf of respondent irr-os.3 and 4 inr oking Section 125(3 ) ol Cr.P.C., seeking enforcement of the order passed in MC.No.52 of 2023.In the said petition, rhe leamed rrial Court issuecl an NI)\\' against the petitioner on 23.06.2026. Lrmediately therealter, the petitioner approached the leamed trial Court and a filed a petition on 24.07.2026 invol<ing the provisions of Section 70(2) of BNSS to recall the NBW issued against him. The leamed trial Court, on 24.01 .2026, while recording the presence of the petitioner as well as his counsel, without passing any order on the petition filed by the petitioner, directed the office to check and put up and posted the rnatrer ro 31.07.2026. Thc NBW issued against the petitioner is still continuing and the police are trl,ing ro execute the said NBW. Unless the NBW issued against the petitioner on 23.06.2026 is recalled. the peritioner will be put ro great hardship.

5. Per contra, leamed Additional public prosecutor submits that the petition Iiled by the petitioner docs not contain the number o1- the petition. Once the peritioner had alrcady approached the leamed trial Court, without seeking any order on the said petition, he straightaway approached this Court and filed the present Criminal Petition, and the same is not maintainable under law.

6. Having considered the rival submissions made bv the respective parties and after perusal of the material available on record, it leveals that the learncd trial Courl issued an NBW against the petitioner on 23.06.2026 and the peritioner filed a

To, :etition on 24.07.2026 for recalling ol the NBW issued against him, inr,'oking the provisions of Section 70(2) of IINSS. Even according to the leamed counsel lor the petitioner. the said petition is sLill pcnd ing, 1'. 1-akitrg into corrsiderarion the peculiar facts and circumstances of the case, w,ithout expressing any view, in the petition filcd by the petitioner under Section 70(2) of BNSS on 24.07.2026, the learned trial Court is directed to pass appropriate olders in accordance with law. u ithin a period ol' one week fl.orn tl-c c{ate of'rcceipt ol-a copr olthis order.

Accordingly, the Clirrinal Petirion is disposcd o1- Pending miscellaneous applications, il' an1 , shall stand c lrrse d Sd/- M. OSMAN ALI BAIG ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER '1 . The Principal Family Court Medchal Malkajgiri District at Kushiaguda

2. One CC to Mr. Y V. Pavan Kumar, Advocate [OPUC]

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

4. Two CD Copies KAM Y"

HIGH COURT DATED: 0611012026

ORDER

CRLP.No.16407 o12026 DISPOSING OF THE CRIM!NAL PETITION a .da F.* 0? ogt2U[ t TAT S F

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