Telangana High Court
CRLRC/677/2025 of Smt.Lingampally Jayalatha Vs The State of Telangana, on 13 October 2025
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IMONDAY, THE THIRTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL REVISION CASE NO:677 OF 2025 Criminal Revision Case filed under Section 442 of BNSS against the docket order dated
132s7 J
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
IMONDAY,THE THIRTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL REVISION CASE NO:677 OF 2025
Criminal Revision Case filed under Section 442 of BNSS against the docket order dated 3110712025 in Crl.M.P. No.32212024 in It/.C. No.'t7 of 2021 on the file of the Court of the Judge, Family Court-Cum-lV Additional District and Sessions Judge at Karimnagar.
Between:
Smt.Lingampally Jayalatha W/o. Lingampally Srinivas, Aged 47yrs, Occ House Wife, R/o.H.No.8-.1-9411 ,Near ZP High School, Katta Rampur, Locality, Karimnagar District
...PETITIONER
AND
The State of Telangana,, Rep by Public Prosecutor, High Court for the State of Telangana, High Court, Hyderabad Lingampally Srinivas S/o.Lingampally Rajaiah, Aged 50 years, Occ A R Head Constable, R/o. Tangadadlaplli Police Head Quarters, Rajanna Sircila District.
...RESPONDENT
lA NO: 2 OF 2025
Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of the impugned order dated 31-07 -2025
passed by the Learned Judge, Family Court-cum-lV Additional District &
Sessions Judge ai Karimnagar in Crl.M.P.No.322 ol 2024 in M.C.No.'17 oI 2021, pending disposal of the Criminal Revision Case.
Counsel for the Petitioner: Sri Y. Shashidhar Reddy Counsel for the Respondent No. 1: Sri M. Ramachandra Reddy, Additional Public Prosecutor The Court made the following: ORDER
THE HON'BLE SMT. JUSTICE JUWADI SFII]EVI
CRIMINAL REVISION CASE No.677 OF 2125
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ORDER:
This Criminal Revision Case is filed by the petiticr er aggrieved by the impugned docket order dated 31 .07.2025 pr;sed by the Family Court-cum-lv Additional District & Sessiorr; Judge at Karimnagar in Crl lVl.P.No322 of 2024 in M.C.No 7 of 2021 , whereby the petition for payment of arrears of marrr 3nance was dismissed erroneously.
2. Heard Mr.Y.Shashidhar Reddy, learned cour ;el for the petitioner and Mr.[/.Ramachandra Reddy, Addi i rnal public Prosecutor appearing for respondent-State and perusec he record.
3. Learned counsel for the petitioner submits that I re petitioner herein had filed tt/.C No.17 of 2021 on the file of le;rned Family Court-cum-lV Additional District & Sessions Judge at Karimnagar under section 125 Cr.P.C. for grant of maintenrl rce against respondent No.2, wherein the same was allowed awal ing monthly maintenance of Rs,2'1 ,140.251- to the petitioner. I is further submitted that respondent No.2 without paying any arr :unts to the petitioner filed l.A.No.1 of 2024 in Crl.R.C No.12BB oj ?.024 before --,-2-
this Court, wherein this Court while allowing the revision passed the following order "ln the meantime, the order dated 14 08.2024 in F.C.M.C.No.17 ot 2021 before the trial Court stands suspended subject to the condition that the petitioner shall continue to pay Rs.12,000/- per month, to respondent No.2, on or before '1Oth of every calendar month. The petitioner shall also deposit the accrued arrears, if any, at the rate indicated above, to the credit of F C.M C.No 17 of 2021 on the file of the learned Judge, Family Court-cum-lV Additional District & Sessions Judge, at Karimnagar, within a period of six months from today. ln default, the interim order passed by this Court, stands vacated automatically." However, respondent No.2 failed to pay the maintenance and arrears as indicated above
4. lt is further submitted that the petitioner filed petition under section 125(3) Cr.P.C. for recovery of arrears of maintenance before the trial Court, wherein the trial Court passed the impugned order dismissing the petition instead of allowing the same. Therefore, he prayed the Court to set aside the impugned order passed by the trial Court
5. On perusal of the material, it appears that this Court passed a conditional order while suspending the order of the trial Court, but respondent No.2 failed to comply the same. The trial Court has -;i r,r recorded that the condition imposed by this Court is r ot complied with, but has given a finding dismissing the petiticr instead of allowing the petition. ln view of the said infirmity. tl- s nratter is remitted back to the trial Court with a direction to ronsider the material by giving opportunity to both sides and pasrl a reasoned order in accordance with law within a period of two (02, weeks from the date of the receipt of a copy of this order
6. With the above observation, this criminal rev I ion case is disposed of Pending miscellaneous applications, if any, shall s and closed ,TRUE COPY// I; )i- T. VIJAY KUMAR . EPUTY REGISTRAR 'l'--- \ . SECTION OFFICER To '1. The Judge, Family Court-Cum-lV Additional District :r d Sessions Judge al Ka rimnagar.
2. fwo CCs to the Public Prosecutor, High Court for the' itate of Telangana at Hyderabad.IOUT] 3 One CC to Sri Y. Shashidhar Reddy, Advocate [OPUCI
4. Two CD Copies VIVABK
E I HIGH COURT DATED: 1311012025
ORDER
CRLRC.No.677 ot 2025 DISPOSING OF CRL.R.C. .1 - /.. : .1 <.' ,. ai- o L:i, U fli6 \..4, \