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2025 DAILYLAW 29639 (AP)

Saparapu Uma Siva Sankara Chandra Mouly v. The State of Andhra Pradesh

CRLP/8653/2025 · 2025-08-20

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010425012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8653/2025 Between: 1. SAPARAPU UMA SIVA SANKARA CHANDRA MOULY, S/O SRINIVASA RAO, AGED ABOUT 32 YEARS, R/O D.N0.72-9-33/1B, TARAKA RAMA NAGAR, 2ND STREET, BACK SIDE OF POLICE TRAINING CENTER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. 2. SAPARAPU ALIAS VISWANADHAM KUMARI SOWJANYA, W/O UMA SIVA SANKARACHANDRA MOULI, D/O VISWANADHAM SRINIVASA RAO, AGED ABOUT 30 YEARS, R/O HOUSE NO 10-412, KAMADHENU NAGAR, 2ND STREET, VELPURU, TANUKU MANDAL, WEST GODAVARI DISTRICT. 3. SAPARAPU HANIVIKA, D/O UMA SIVA SANKARA CHANDRA MOULI, AGED ABOUT 3 YEARS, REPRESENTED BY HER MOTHER, SAPARAPU ALIAS VISWANADHAM KUMARI SOWJANYA, R/O HOUSE NO 10-412, KAMADHENU NAGAR, 2ND STREET, VELPURU, TANUKU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS 2 Counsel for the Petitioner/accused: 1. T V JAGGI REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER : The instant petition under Section 528 of Bharatiya Nagarika Suraksha Sanhitha, 2023 has been filed, by the Petitioner/Revision Petitioner, seeking quashment of the proceedings against him in Crl.M.P.No.426 of 2025 in C.R.P.No.10 of 2025, on the file of IV Additional District and Sessions Judge, West Godavari District, Tanuku. 2. Heard Sri T.V. Jaggi Reddy, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioners would submit that respondent Nos. 2 and 3 filed M.C. No.1 of 2024 on the file of the Principal Junior Civil Judge- cum-Judicial Magistrate of First Class, Tanuku, seeking maintenance of Rs.25,000/- per month and also filed Crl.M.P. No.1125 of 2024 in M.C. No.1 of 2024, seeking interim maintenance. The trial Court granted Rs.20,000/- per month as interim maintenance. Aggrieved by the same, the petitioner filed C.R.P. No.10 of 2025 along with Crl.M.P. No.426 of 2025 on the file of the IV Additional District and Sessions Judge, West Godavari District, wherein the trial Judge dismissed the petition stating that the petitioner did not explain the reasons for staying the execution petition. Learned counsel would further submit that the 2nd respondent did not file any documents to prove the earnings of the petitioner, who is working as a software engineer. Learned counsel would finally submit that the Court may quash the impugned order. 4 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Having regard to the submissions made and on looking into the impugned order, this Court does not find any grounds to interfere with the impugned order passed by the trial Judge. 6. At this juncture, learned counsel for the petitioner would submit that the Court may pass appropriate orders directing the trial Court to dispose of the main maintenance case as expeditiously as possible. 7. In that view, this Criminal Petition is disposed of. However, the learned trial Judge is requested to dispose of M.C. No.1 of 2024 as expeditiously as possible, without granting any further adjournments in a casual manner on mere asking. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 23.07.2025 MH 5 30 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8653 of 2025 Dt.21.08.2025 MH