1 APHC010354582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7518/2025 Between: 1. GADDAM BHARGAV RAM, S/O UMAKANTHA RAO, AGED 32 YEARS. SOFTWARE EMPLOYEE, R/O D.NO.4-8-110/MGN/43, SRI MAHA GAYATRI NAGAR, NEAR MEGACITY SCHOOL, BAGH HAYATHNAGAR, HAYATHNAGAR, HYDERABAD. RANGAREDDY DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. GUNTUR DISTRICT 2. SMT GADDAM DUDDUPUDI SWATHI CHOWDARY, W/O BHARGAV RAM, AGED 28 YEARS, DENTIST, D / O DUDDUPUDI BRAHMANANDA RAO, R/O. D.NO.6-2-10, VEGIVARI STREET, NEAR GOVT. JR. COLLEGE ROAD, KOWUR, WEST GODAVARI DISTRICT. 3. BABY MOKSHA SRI, D/O BHARGAV RAM, C/O DUDDUPUDI BRAHMANANDA RAO, AGED 3 YEARS, R/O D.NO.6-2-10, VEGIVARI STREET, NEAR GOVT JR COLLEGE ROAD, KOWUR, WEST GODAVARI DISTRICT ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of 2 Criminal Petition, the High Court may be pleased to quash the M.C.No. 12 of 2025, on the file of The Court of II Addl. Judicial First Class Magistrate, Kowur, West Godavari District, and pass IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to Grant Interim Stay of all further proceedings of M.C.No. 12 of 2025, on the file of The Court of II Addl. Judicial First Class Magistrate, Kovvur, West Godavari District, including the appearance of the Petitioner on each and every date of hearing pending disposal of this Criminal Petition of this Hon'ble Court and pass Counsel for the Petitioner/accused: 1. P RAJESH BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7518/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of BNSS, has been filed by the Petitioner/Respondent, seeking to quash the M.C.No.12 of 2025 on the file of the Court of II Additional Judicial First Class Magistrate, Kovvur, West Godavari District. 2. Heard Sri P.Rajesh Babu, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein filed a petition for divorce before the Family Court, Ranga Reddy, at L.B.Nagar, in FCOP.No.321 of 2024. The respondent herein has lodged a criminal complaint at Kovvur. Learned counsel for the petitioner would further submit that except Kovvur is the place of marriage, everything happened in Hyderabad. The permanent residence of the respondents in the Aadhaar Card is also in Hyderabad. Learned counsel for the petitioner would further submit that the respondent No.2 also lodged a criminal case against the petitioner for the offence punishable under Section 498-A of IPC and that was withdrawn in the month of January, 2025. Having done so, the maintenance case at Kovvur is not maintainable. 4 4. Learned Assistant Public Prosecutor vehemently opposed the petition stating that the maintenance case is very much maintainable before the II Additional Judicial First Class Magistrate, Kovvur. 5. Considering the submissions made, the grievance of the petitioner herein is that except Kovvur is the place of marriage, everything happened in Hyderabad. The husband/petitioner herein filed a divorce petition in Hyderabad. This Court does not find any force in the contention, since the contention raised in the present petition is a matter of defense before the Magistrate Court where the petition filed by the wife seeking maintenance. The reason being, the wife can file maintenance case against the husband wherever she resides. It is a factual aspect, which is to be decided by the Trial Court, but not by this Court as this Court cannot conduct a mini trial. 6. In that view, the Criminal Petition is disposed of without causing any prejudice to the rights and contentions of the petitioner. However the petitioner is at liberty to raise all these contentions before the concerned Court and the learned Presiding Officer may appreciate them and take appropriate decision according to law. Learned Presiding Officer is requested to dispose of the case as expeditiously as possible. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 21.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7518/2025 Dated.21.07.2025 UPS 142