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2025 DAILYLAW 35428 (AP)

Chemidiboina Venkata Kiran Kumar v. THE STATE OF ANDHRA PRADESH

CRLP/9457/2024 · 2025-06-18

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 9457 OF 2024 Between: Chemidiboina Venkata Kiran Kumar, Kumar S/o Lingaiah, Aged about 35 District. Now R/o. Karnataka years, Palukuru Village, Kandukuru Mandal, Nellore Devana Halli, Acthutha Nagar, Nagar Railway Gate, Bangolore State. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh Amaravathi. 2. Chemidiboina @ Pirla Asha Jyothi, W/o Venkata Kiran Kumar, Aged about 26 years, R/o Floor, Dandu Sridhar Building, Devuducheruvu, Near Zakeeraiah Hospital Ongole, Prakasam District. Cell No.8985998856 ...Respondent/De facto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court Petition, may be pleased to quash the proceedings i;: in M.C.NO.28/2024 District as against the petitioner. on the file of Family District Judge, Ongole, Prakasam I.A. NO: 1 OF 7C\7A Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to grant stay of all further proceedings including appearance of the petitioners M.C.NO.28/2024 Family District Judge, Ongole, Prakasam District Petition on the file of pending disposal of the criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Sridhar Tummalapudi, Advocate upon hearing the arguments of Sri for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri. Poluri Vasu Raghavendra Rao, Advocate for the Respondent No.2. The Court made the following: %% APHC010565112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] r THURSDAY ,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 9457/2024 Between: ...PETITIONER/ACCUSED Chemidiboina Venkata Kiran Kumar AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.SRIDHAR TUMMALAPUD! Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.POLURI VASU RAGHAVENDRA RAO The Court made the following: «r THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.9457 OF 2024 ORDER: The petitioner is challenging the M.C. No.28 of 2024 on the file of the Court of the Family District Judge, Ongole, Prakasam District, filed by the 2"^ respondent claiming maintenance. It is not in dispute that the petitioner and the 2^^^ respondent were 1. 2. nd married on 09.03.2023. On account of marital disputes, the 2 respondent has filed M.C. No.28 of 2024 under Section 125 of the Code of Criminal Procedure seeking maintenance Rs.20,000/- per month and an amount of Rs.5,000/- towards rent for her residential purpose. The initiating of claim under Section 125 Cr.P.C. seeking maintenance is a statutory right of the claimant which cannot be challenged in this Court in the criminal petition. The 2'^'^ respondent has invoked the correct provision of law and filed 3. seeking maintenance from the petitioner, which cannot be the subject of the quash petition. Hence, this Court is inclined to dismiss the criminal petition. 4. Accordingly, the criminal petition is dismissed. 5. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- M SRI NIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Family District Judge, Ongole, Prakasam District. rv 2. One CC to Sri. Sridhar Tummalapudi, Advocate [OPUC] 3. One CC to Sri. Poluri Vaeu Raghavendra Rao, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Two CD Copies PR sree h i ft #4* HIGH COURT DATED:19/06/2025 5^amo»^ ORDER CRLP.No.9457 of 2024 u mm „ . Curreni Section £^spa‘tc>&^ m DISMISSING THE CRLP