Extracted from the PDF above. The PDF is authoritative.
APHC010532732024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8614/2024 Between:
1. SHAIK SUBHANI, S/O CHINA PERA, AGED ABOUT 36 YEARS, R/O DOOR NO.24-31-10, 20TH LANE, NALLACHERUVU, GUNTUR.
...PETITIONER/ACCUSED AND
1. SHAIK NASEEMA, W/O SHAIK SUBHANI, AGED ABOUT 32 YEARS, R/O.VINOBA NAGAR, OLD GUNTUR, GUNTUR.
2. SHAIK RAFIYA FIDDOS, D/O SUBHANI, AGED ABOUT 10 YEARS, R/O VINOBA NAGAR, OLD GUNTUR, GUNTUR.
3. SHAIK ARSHIYA KOUSAR, D/O SUBHANI, AGED ABOUT 8 YEARS, R/O.VINOBA NAGAR, OLD GUNTUR, GUNTUR.
(RESPONDENTS NO.2 AND 3 BEING MINORS, REP.BY THIER MOTHER NATURAL GUARDIAN I.E., 1ST RESPODNENT HEREIN SHAIK NASEEMA)
4. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
...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 Criminal Petition, the High Court may be pleased to quash or set aside the
order, dt.08-10-2024 passed in Crl.M.P.No.163/2022 in FCOP.(MC) No.304/2018 on the file of Judge, Family Court Guntur District, Guntur and to pass
Counsel for the Petitioner/accused:
1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2.
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ORDER:
The instant Criminal Petition is filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (For short „Cr.P.C.‟) for the following relief:
“ ... to quash or set aside the order, dt.08-10-2024 passed in Crl.M.P.No.163/2022 in FCOP.(MC) No.304/2018 on the file of Judge, Family Court Guntur District, Guntur and to pass ...”
2. Heard learned counsel for the Petitioner and learned Assistant Public Prosecutor appearing for respondent/State. Perused the material on record.
3. Learned counsel for the Petitioner would submit that the respondent No.1 herein is the wife of the Petitioner and respondents 2 and 3 are their children. Respondents herein filed an application under Section 125(1) of the Code of Criminal Procedure (For short „Cr.P.C.‟) vide Crl.M.P.No.163 of 2022 in FCOP No.304 of 2018 on the file of the Court of Judge, Family Court, Guntur seeking interim maintenance of Rs.5,000/- per month to each of them from the date of petition till disposal of main FCOP. Learned Trial Judge vide order dated 08.10.2024 allowed the Petition and directed the respondent (Petitioner herein) to pay interim maintenance of Rs.4,000/- per month to Petitioner No.1 (respondent No.1 herein) and Rs.3,000/- per month each to the petitioners 2 and 3 (respondents 2 and 3 herein) from the date of petition till disposal of the main case. Learned counsel would submit that the present criminal petition is filed seeking to set aside the order of the learned trial Judge dated 08.10.2024.
4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders.
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5. As can be seen from the record, FCOP is of the year 2018 and is pending before the Trial Court for adjudication. In that view, without causing any prejudice to the rights and contentions of the Petitioner, Learned Trial Judge is
directed to dispose of FCOP (MC) No.304 of 2018 as expeditiously as possible without granting any adjournment in a casual way by mere asking.
6. With the above direction, this Criminal Petition is disposed of.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Criminal Petition No. 8614 of 2024
01.08.2025
Mjl /*