Telangana High Court

CRLP/7398/2024 of ABHISHEK SRIVASTAVA Vs APOORVA SRIVASTAVA on 16 October 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION Nos:7397 7398 0F 2024 & 5561 0F 202s CRIMINAL PETITION No: 7397 OF 2024 Between: AND 1 Athishek

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THURSDAY,THE SIXTEENTH DAY OF OCTOBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION Nos:7397

7398 0F 2024 & 5561 0F 202s

CRIMINAL PETITION No: 7397 OF 2024

Between:

AND

Athishek Srivastava, S/o. yatendra Mohan Aged about 42 years, Occ. Senior Manager, tuicrosoft p\i,t. Ltd. Ryo. Frat ruo. tsii+,-iowLi trir.rs,'rrooi r.ro.ii, Haralul Main Road, Eastwood Township aanlafoiL, karnataka State _

560102.

...petitioner/Respondent

lpgo1ua Srivastava, Wo_ Abhishek Srivastava, Aged about 40 years, Occ.

-S9f_Er_nntoved, H. No. 27, Vajram Aster Homei. dopanliily, rtilangan]-_

500019

yi:1"^r^Y:lryl Yivastava,, .Aged.7 yea rs S/o. Abhishe k Srivastava (M i nor, represented by Hespondent No. 1, Natural guardian)

ll?lltlrll slyg:tar? , fg.ed -5 y9qrs, D/o Abhishek srivastava, (Minor, represenreo by Respondent No. 1, Natural guardian)

All of them are residino at H No. 27,ya1ram Aster Homes, Gopanpally, Telangana - 500019. - The state of Telangana,, Rep by its public prosecutor of High court, At Hyderabad I

. RespondenUPetitioners

Petition under Section 482 of Cr.p.C praying that in the circumstances

stated in the Memorandum of Grounds of criminal petition, the High court may

be pleased to allow the criminal petition by quash the orders dated 24-01-2024

passed by the Learned vr Additionar District and Session Judge-cum-Famiry Court Judge at Kukatpally, Rangareddy District, in Crl.Mp No,413 of 2023 in MC

No.89 of 202'1 .

/

l.A. NO: 1OF 2024

Petition under Section 482 of Cr.P.C praying that irl the circumstances stated in the Memorandum of Grounds of Criminal Petition, t re High Court may be pleased to stay the Orders dated 24-01-2024 passed l)'the Vl Additional District and Session Judge -Cum-Family Court Judge at Kui.i tpally, Rangareddy District, in Crl.MP No.413 ot 2023 in MC No.89 ot 2021, til :he disposal of the Criminal Petition.

This Petition coming on for hearing upon perusing I e Memorandum of Grounds of Criminal Petition and upon hearing J e arguments of Sri H.SUDHAKARA RAO, Advocate for the Petitioner and the iri M.Ramachandra Reddy, Additional Public Prosecutor on behalf of the Resporc ent No.4 and of Sri Vankina Allu and partners Advocate for the Respondent Nos 1 to 3.

CRIMINAL PETITION No: 7398 OF 2024

Between

Abhishek Srivastava, S/o. Yatendra Mohan Aged about l lyears, Occ. Senior Manager, Microsoft Pvt Ltd. R/o. Flat No. 15114, Tower llo. 15, FloorNo. 11, Haralur Main Road, Eastwood Township Bangalore Karnataka State -

560102.

... Perl tioner/Respondent

AND

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1. Apoorva Srivastava, Wo. Abhishek Snvastava, Aged ab: It 40 years, Occ. Self Employed, H. No. 27, Vajram Aster Homes, Gopanp i lly, Telangana - 500019.

2. Master Vishrut Srivastava, Aged 7 years S/o. Abhishek lit vastava (Minor, represented by Respondent No.1 Natural guardian)

3. Baby Anaisha Srivastava, Aged 5 years, D/o. Abhishek {} vastava, (Minor, represented by Respondeni No.1 Natural guardtan) All of them are residing at H. No 27,Vlram Aster Homert , Gopanpally, Telangana - 500019

4. The state of High Gourt of Telangana,, Rep by its Public f rosecutor of High court, At Hyderabad. ...Rer; rondenUPetitioners l l I i I I I i I I t l

/t // /l ,'l Petition under Section 482 of Gr. p,C praying that in the circumstances be pleased to allow the criminal petition by quashing the Orders dated 29_04- 2024 passed by the Vr Additional District and session Judge-cum-Famiry court Judge at Kukatpally, Rangareddy District, in Crt.Mp.No.117 ot 2024 in MC.No.89 of 2021 . I.A. NO: 1OF 2024 Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay the orders dated 29-04-2024 passed by the Vr Additionar District and Session Judge -Cum-Family Court Judge at Kukatpally, Rangareddy District, in Crl.MP No.117 ot 2024 in MC No,Bg of 2021, tiil the disposat of the Criminal petition. This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri H.SUDHAKARA RAo, Advocate for the petitioner and the Sri M.Ramachandra Reddy, Additional Public Prosecutor on behalf of the Respondent No.4 and of sri Vankina AIlu and partners Advocate for the Respondent Nos.1 to 3. CRIMINAL PETITION No: 5561 0F 2025 Between:

pqorva Srivastava, Wo Abhishek Srivastava, aged about. 38 years, Occ. S^elf^ Employed H.No.27, Vajram Aster Homes,- Gopanpa i, T'elangana _ 500019 (Living in a shared accommodation along with twb kids at a iemate friend's house) Master Vishrut Srivastava, Aged about 7 years, S/o. Abhishek Srivastava, R/o. H.No.27, Vajram Astei Homes, G6panpalli, Telangana 500019 Represented by Natural Guardian Petitioner No.1) PeQV,!1ai"1g Srivastava, Aged about 5 years, D/o. Abhishek Srivastava, R/o H No 27, V-ajram.Aster Homes, Gopanpilli, Telangana - 500019 Represented by Natural Guardian Petitioner No. i) ...Petitioner/Complainants AND /l

/,

1. The State of Telangana, Rep by its Public Prosecutor of I gh court, At Hyderabad 2- Abhishek Srivastava, S/o Yatendra Mohan, Aged at( Jt 40 Years, Occ. (Senior Manager, Microsoft Pvt. Ltd.) Flat No.151 14, To'ry .'r No. '15, Floor No. 11, Haralur f\ilain Road, Eastwood Township Bangalor: Karnataka State - 560102 ...Resp ( ndenURespondent Petition under Section 528 of BNSS praying that irr the circumstances stated in the Memorandum of Grounds of Criminal Petition, 1re High Court may be pleased to Set aside the order dated 15-03-2025 passed ir Crl M.P. No.122 of 2025 in M.C.No.89 of 2021 by the District Judge, Family () )urt. Ranga Reddy District at Kukatpally and consequently allow the Crl M.P. Nc. 22 of 2025 in M.C. No.89 of 2021 by the District Judge, Family Court, Rang a Reddy. District at Kukatpally. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, I re High Court may be pleased to suspend the operation of the order dated 15-01 2025 passed in Crl M.P.No.122 of 2025 in M.C.No.89 of 2021 by the District . ( dge, Family Court, Ranga Reddy District at Kukatpally. LA. NO: 1OF 2025 Petition under Section 528 of BNSS praying that irr the circumstances stated in the Memorandum of Grounds of Criminal Petition, tre High Court may be pleased to direct the respondent No.2 to pay a sum of a I) rm of Rs.4,99,1001 towards the school fees of Petitioner No.2 and Rs.5,28,300/- towards the school fees of Petitioner No.3. This Petition comrng on for hearing, upon perusing ll e Memorandum of Grounds of Criminal Petition and upon hearing the argume r ts of Sri VANKINA ALLU AND PARTNERS. Advocate for the Petitioner and the ;ri M.Ramachandra Reddy, Additional Public Prosecutor on behalf of the Respor( ent No.1 and of Sri H.Sudhakar Rao, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER

THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION Nos.7397 7398 of 2024& 5561 of2025

COMMON ORDER:

Since the parties and the issues involved in all these three Criminal Petitions are one and the same, they are being disposed of by way of this Common Order. 02 The Criminal Petition No.7397 of 2024 is filed by the petitioner (hereinafter referred as 'husband') seeking to quash the impugned Order dated 24.A1 .2024 in CRL.M.P.No.413 of 2023 in tt4.C.No 89 o'f 2021 passed by the learned Vl Additional Metropolitan Sessions Judge, Rangareddy District at Kukatpally, wherein an application filed under Section 125 .ot the Code of Criminal Procedure (for short 'Cr.P.C.'), was partly allowed.

03. The Criminal Petition No.739B of 2024 is filed by the husband seeking to quash the impugned Order dated 29.04.2024 in CRL.M.P.No.117 of 2022 in M.C.No.Bg of 2021 passed by the Iearned Vl Additional District & Sessions Judge-cum-Vl Additional Metropolitan Sessions Judge-cum-Family Court, Rangareddy District at Kukatpally, wherein an application filed under Section 125(3) of the Cr.P.C., was allowed. ( {

04. The Criminal Petition No.556'1 of 2C25 s filed by the petitioners (hereinafter referred as 'wife and childr: t') seeking to quash the impugned Order dated 15.03.2025 in CRL. M.P.No.122 of 2025 in t\4.C.No.89 of 2021 passed by the learned judge, Family Court, Rangareddy District at Kukatpally, wherein an z pplication filed under Section 125(2) of the Cr.P.C., was dismissed.

05. Heard Sri H.Sudhakar Rao, learned {)r rgp."1 for the husband as well as Vankina AIlu and Partners, learr:d counsel for the wife and children and Sri M.Ramachandra li eddy, learned Additional Public Prosecutor for the State

06. Upon hearing the submissions of the Ie arned counsel appearing for both sides and on perusal of the mater al available on record, this Court finds that the matter involves disput, rd questions of fact, which are triable in nature and the truth or cl tenivise of the allegations, can be determined only upon conclusion c f the trial

07. Consldering the submissions made b r the learned counsel on both sides, and having regard to he facts and circumstances of the case, and taking into account tl e fact that the main case pertains to the year 2021 , lhe concernrr I trial Court is directed to dispose of M.C.No.89 of 2021, as o peditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order, in accordance with law.

08. With the above direction, these Criminal petitions are disposed of. As a sequel, pending miscellaneous applications, if any, shall stand closed. SD/- A.V.S, PRASAD DEPUTY REGIS //TRUE COPYi/ SECTION OFFICER To, 1 . The Vl Additional Mekopolitan Sessins Judge, Rangareddy District at Kukatpally.

2. The Vl Additional District & Sessions Judge-cum-Vl Additional Metropolitan Sessions Judge-cum-Family Court. Rangareddy District at Kukatpally.

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

4. One CC to SRI H.SUDHAKARA RAO, Advocate {OPUCI

5. One CC to SRI VANKINA ALLU AND PARTNERS, Advocate [OPUC]

6. Two CD Copies o NVB/PSL \

.? HIGH COURT DATED:1611012025 /i,' g4':iW

COMMON ORDER

CRLP.Nos.7397,7398 OF 2024 & 5561 O = 2025 DISPOSING OF ALL CRIMINAL PETITIO.IS -:' . 'i: { .t

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