1 APHC010568202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11078/2025 Between: 1. VEMULA PARVATHI RAO, S/O LATE VEMULA SUBRAHMANYAM, AGED ABOUT 48 YRS, R/O 5TH DIVISION, CHENCHU COLONY, ELURU MUNCIPAL CORPORATION, ELURU CITY. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI. 2. VEMULA SURYA KUMARI, W/O VEMULA PARVATHI RAO, D/O IRAGADHALA VENKATARAMANA, AGED ABOUT 42 YRS, R/O NEW BAGHATH SINGH NAGAR, KABELA CENTRE, VIJAYAWADA-12. ...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 Courtpleased to quash the Non bailable warrant against the Petitioner to recover the arrears of maintenance order Crl.MP.No.491/2025, dated;26-09-2025, U/s 125(3) of Cr.P.C in Crl.MP.No.727/2025 in F.C.O.P No.301/2024 passed by the Hon'ble Judge::Family Court Cum XIV Addl.District Judge At Vijayawada in execution of Interim maintenance case 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 2 High Court may be pleased PLeased to dispense with certified copy of Crl.MP.No.491/2025 in Crl.MP.No.727/2025 in F.C.O.P No.301/2024, dated 26-09-2025 on the file of Hon'ble Judge;:Family Court Cum XIV Addl.District Judge At Vijayawada before this Hon’ble Court and pass IA NO: 2 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 pleased to stay the Non bailable warrant against the Petitioner to recover the arrears of maintenance order Crl.MP.No.491/2025, dated:26-09-2025 U/s 125(3) of Cr.P.C in Crl.MP.No.727/2025 in F.C.O.P No.301/2024 passed by the Hon'ble Judge::Family Court Cum XIV Addl.District Judge At Vijayawada and pass Counsel for the Petitioner/accused: 1. ANKALLA PRUDHVI RAJ Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11078/2025 The Court made the following order: The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking to quash the Non Bailable Warrant against the petitioner to recover the arrears of maintenance order Crl.M.P.No.491/2025, dated 26.09.2025 U/s 125(3) of Cr.P.C. in Crl.M.P.No.727 of 2025 in F.C.O.P.No.301 of 2024 passed by the learned Family Court-cum-XIV Additional District Judge, Vijayawada. 2. Heard Sri A.Prudhvi Raj, learned counsel for the petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner preferred a revision against the impugned order granting interim maintenance. 4. As can be seen from the record, interim maintenance was granted in F.C.O.P.No.301 of 2024 in favour of the wife. Since the petitioner is not available and has been absconding, the Court below issued a Non-Bailable- Warrant against him. There are no valid grounds to interfere with the order passed by the learned Judge in issuing Non Bailable Warrant. 5. In that view, the Criminal Petition is dismissed. 4 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 30.10.2025 JLV 5 183 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition NO: 11078 OF 2025 Date: 30.10.2025 JLV