Telangana High Court

CRLP/10122/2024 of Banavoth Murali Vs The State of Telangana on 3 December 2025

Cites 0, Cited by 0

COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRD DAY OF DECEIVIBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 101 220F 2024 Between: AND a 4 E Qanavoth Murali, S/o Badraiah Aged about 37 years, Occ Assistant professor,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY,THE THIRD DAY OF DECEIVIBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION NO: 101 220F 2024

Between:

AND

a

E

Qanavoth Murali, S/o Badraiah Aged about 37 years, Occ Assistant professor, R/o H.No.12-131/59, Kaulpur, Velmal, Nan'dipet Mandal, Nizamabad At present residing at HCU Quarters, Gachibowli, Hyderabad

... PETITIONER/ACCUSED

If'g Stqtg of Telangana, Rep by its Pubtic Prosecutor, High Court for the State of Telangana at Hyderabad 9mt B Rojleena, Wo B. Murali aged about 32 years Occ Housewife, R/o H.No.8-56, Yeliya Nayak Thanda, Singampally village of Makloor Mandal, Nizamabad District Banavoth Divyanshu Raj, S/o B Murali aged 14 years Ooc Student, R/o H.No.8:56, Yeliya Nayak Thanda, Singampaily tillage panavoth Murali Krishna, S/o B.Murali aged About 13 years, Occ Student, R/o H.No.8-56, Yeliya Nayak Thanda, Singampally viilage 6f Makloor Mandal, Nlzamabad District Banavoth Aditisree, D/o B Murali, aged about 14 years, Occ Student, Rl/o H,No.8-56, Yeliya Nayak Thanda, Singampally village of Makloor Mandal, N_izamabad Pistrict, (Respondent Nos 3 to 5 are minbrs, Being Rep by their Mother and Natural Guardian Smt B.Rojileena.

...RESPONDENT/COMPLAINANTS

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grouhds of Criminal petition, the High Court may be pleased toto quash the orders passed in Crl.M.p.No.687 of 2021 in M.C.No.11 of 2021 dated 20-06-2024 on the fite of Court of the ll Additional Junior civil Judge - cum - ll Addl. Judicial Magistrate of First class at Nizamabad, seeking interim maintenance of Rs.10,000i- per month to each of the Respondent Nos.2 to 5 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

l.A. NO: 1OF 2024

Petition under Section 528 of BNSS praying that stated in the Memorandum of Grounds of Criminal Petition be pleased to stay the execution of the orders passed in Cr in M.C No.11 of 2021 dated 20-06-2024 on the file of Co_r Junior Civil Judge - Cum - ll Addl. Judicial Magistrat Nizamabad, seeking interim maintenance of Rs.10,000/- p the Respondent Nos.2 to 5 Pending disposal of the main C r pass r the circumstances the High Court may It/ P No.687 ot 2021

t of the ll Additional

r of First Class at

3r month to each of

minal Petrtion and to

This Petition coming on for hearing, upon perusrn!l the Memorandum of Grounds of Criminal Petition and upon hearing the argur rents of Sri, BOLLU

NAGARAJU, Advocate for the Petitioner and the Additior:l Public Prosecutor (TG) on behalf of the Respondent No.1 and of Sri N. Ravi I rakash Advocate for the Respondent No. 2 to 5

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION No.10122 of 2024

DATE:03.12.2025

Between:

Banavoth [/lurali

Petitioner

AND

The State of Telangana

Rep. by its Public Prosecutor and four others Respondents

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

:ORDER:

Challenging the order dated 20 06.2024 passed tn Crl.M P.No.687 ol 2021 in M.C.No.'l 1 of 2021 by the learned ll Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class at Nizamabad (for short 'trial Court'), this Criminal Petition is filed by the petitioner-respondent By the impugned order, the petitioner-respondent was directed to pay interim monthly maintenance of Rs.10,0004 each to respondent Nos.2 to 5 from the date of filing the application until disposal of the tVl.C

2. Heard Mr. Bollu Nagaraju, learned counsel for the petitioner, lVlr. N.Ravi Prakash, learned counsel for respondent Nos.2 to 5 and perused the material on record

3. Respondent No.2 is the wife of the petitioner herein, and respondent Nos.3 to 5 are their children. Respondent Nos.2 to 5

filed lVl.C.No.11 of 2021 under Section 125 of tL maintenance from the petitioner herern. They har, application under Section 125(2) of Cr p C s maintenance vrde Crl.t\4.P.No.687 of 202.1 . By the i the learned lVlagistrate directed the petitioner hereir maintenance of Rs.10,000/- per month each to res6rr 5, from the date of filing of the application till the It/.C. Aggrieved by the said order, the petitioner 1i criminal petition.

4. Learned counsel for the petitioner subnrits tha erred in passing the impugned order and lr marntenance awarded rn favour of respondent Ncs excessive and beyond the financial capacity of Hence, he prayed to set aside the impugned order.

On the other hand, learned counsel for resprt 5 submits that the petitioner is working as an Assir and is earning Rs.3,00,0001 per month. He fuil-t the trial Court has rightly passed the impugned orde does not call for any interference by this Court. Hel to dismiss the petition. '.P.C., seeking : also filed an 3eking interim rpugned order, to pay interim ndent Nos 2 to lisposal of the :d the present : the trial Cou( lerim monthly .2 to 5 is very the petitioner. rdent Nos 2 to tant Professor r submits that and the same ce, he prayed

6. Having heard the learned counsel appearing on both sides and upon perusal of the material on record, it is evident that the petitioner is working as an Assistant professor and is earning a substantial income, which is not only adequate to maintain himself but also to maintain his wife and children. lt is a setiled legal proposjtion that the husband is under a statutory obligation to maintain his wife and children.

7. ln view of the above, this Court is of the considered opinion that the impugned order, having been passed in the nature of interim maintenance, does not suffer from any legal infirmity or illegality and the same needs no interference.

Accordingly, this Criminal petition is dismissed. However, il is made clear that the observations made by this Court in this ordeir are solely confined to the disposal of the present petition and shall have no bearing whatsoever on the merits of the M.C. proceedings. The trial Court shall proceed with the l\rl.C. uninfluenced by the observations made herein. Pending miscellaneous applications, if any, shall stand closed. ,TRUE COPY// SD/. M NAGAMANI ASSISTANT REGISTRAR SECTION OFFICER To, Class at Nizamabad, Nizamabad District

1. The ll Additional Junior Civil Judge - Cum - ll Addl. Judicial Magistrate of First \

2. One CC to Sri Bollu Nagaraju' Advocate IOPUC]

3. One CC to SRI N RAVI PRAKASH Advocate [OPUC]

4. Two ccs to PUBLIC PROSECUTOR' High court for the state o at Hyderabad [OUT]

5. Two CD Copies PK/ABK -elangana

HIGH COURT DATED:0311212025 i r- iTA oi\ tf l\ d ,) 0ti ?12[ CRLP.No.10122 of 2024 ., v ,,^r*l:/ t Or- CRIMINAL PEITITION IS DISMISSED. q\

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead