Vaddepalli Balakrishna v. Vaddepalli Kalpana

IN THE HIGH 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 0611012015 passed in Crl.M.P.No. 158 of 2015 in M.C.No. 9/2015 on the file of the Judge Family Court at Warangal. Between:

Vaddepalli Balakrishna, S/o Rajaiah, Aged- 32 years, Occ- Govt. Employee Rl/o 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 OccHousehold, 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 of Telangana 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 circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order dated 06/10/2015 passed in Crl.M.P.No. 158 of 2015 in M.C.No. 9i2015 on the file of the Judge Family Court at Warangal till pending 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:

I

THE HONOURABLE SRI JUSTTCE E. V. VENUGOPAL CRIMINAL REVISION CASE No.2O4 of 2o24 ORDER:

The present Criminal Revision Case is filed seeking to allow the Revision Case by setting aside the Order dated 06.10.2015 in Crl.M.P.No.t58 of 2Ol5 in M.C.No.9 of 2015 on the file of the Judge, Family Court - Cum - III Additional District and Sessions Judge, Warangal.

2.

Heard learned Assistant public prosecutor appearing for respondent No.2 - State. perused the record.

3.

The brief facts of the case are that respondent No.2 herein is the legally wedded wife of the petitioner and their marriage was solemnized on 04 .O2 .2O06. At the time of marriage, the parents of respondent No.2 herein gave eight tulas of gold ornaments and Rs.3,00,000/- in cash along with house articles as dowry to the petitioner and his parents. Out of their marriage, they were blessed with one male child. Subsequently, the petitioner and his parents have been torturing respondent No.2 for more dowry and for divorce also. Unable to bear the torture of the petitioner and her parents, respondent No.2 went to her parents, home arong / with her child and srrbsequently, she filed maintenance case

r 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 of respondent 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 and further directed the petitioner herein to pay a sum of Rs.S,OOO/- to respondent No.2 herein towards legal expenses. Aggrieved by the same, the petitioner herein/husband has hled present Criminal Revision Case.

4.

A perusal of the record, it depicts this revision case pertains to the year 2016. The maintenance awarded by the Court below is sufficient and appropriate. This Court vide Order dated 27.04.2022 in Crl.R.C (SR) No.3198 of 2022 held that as against an interlocutory order, a Revision under Section 397 of Criminal Procedure Code is not maintainable 5.

In view of the above, this Court is not inclined to entertain this Revision. However, at this stage, as the proceedings

J 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 KUMAR DEPUTY *.o,VA* //TRUE COPY// To, SECTION OFFICER

1. , The Judge Family Court at Warangal.

2. Two CCs to pUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

3. One CC to SRt. pODtLA HARI PRASAD Advocate [OpUC]

4. Two CD copies.

Cvk/kam

t \ HIGH COURT DATED:2911212023 \ 1Ue s r'a 14:

ORDER

01 HAY 202{ t o $( CRLRC.N o.204 ol 2024 (.) +"

* la;

::::= CRL RC is Dismissed.

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