The High Court · 2025

Judgment

1. 2 3 Koyya Suresh, S/o.Late Koyya Sayanna, Aged 43 years, Occ. Formerly Software, R/o 'l 158/3, Vinayaka Nagar, Nizamabad District, Telangana - 503001 ...RespondenUPetitioner J. Snehaja, The Resgional Passport officer, Hyderabad.

Mr. D. C. Manjunath, The Consul General of lndia,4300 Scotland St, Houston, T3.77007 , United States of America. ...Respondents IA NO: 'l OF 2025 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the petitioner to file a contempt case by including respondents No.2 and 3 herein as the same are necessary parties for the adjudication of contempt petition. lA NO: 2 OF 2025 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Coud may be pleased to direct the respondents No.2 and 3 to take appropriate steps in impounding the passport of the respondent No.1 , in accordance with relevant provisions of the Passport Act and other Laws time being in force, pending disposal of the Contempt Case. Counsel for the Petitioner : SRI YEIIIMIGANUR SOMA SRINATH REDDY Counsel for the Respondent No.'l : SRI G SUMANTH KUMAR CONTEMPT CASE NO: 714OF 2025 Contempt Case under Section 10 lo 12 of Contempt of Courts Act, 197'1 to punish the Respondents herein for willful disobedience of orders of this Court dated 23-01-2025 passed in WP No.1788 of 2025. Between: Suresh Koyya, S/o.Sayanna Age. 46years, Occ. Software R/o. 1-1-58/3 Vinayaka Nagar, Nizamabad District, Telangana,503001. ...Petitioner ANO '1. Sri. Paritosh Pankaj, l.P.S, The Superintendent of Police. Sangareddy, Telangana.

2. Smt. Pramila Devi, The Station House Officer, Women Police Station(WPS), Sangareddy District.

3. Sri Sathaiah, The Deputy Superintendent of Police. Sangareddy Diskict, Telangana.

4. Ms. l.B. Rani, lPS, The Commissioner of immigration, East Block-Vlll, Level- V, Sector-1 , R.K. Puram, New Delhi-1 10066.

5. MS. SH .Venkata Appala Naidu Chintan, IPS The Foreign Regional Registration Officer Sardar Vallabhai Patel Bol OCR Complex, Shamshabad- Pahadishareef Road, Mamidipally, Shamshabad, Telangana, PIN-5012'18.

6. Smt.Koyya @ Kasini Prasanna, Wo Koyya Suresh, aged 39 yrs., Occ. Household, R/o H.No.244, Basaweshwara Nagar, Sangareddy Dist. (R6 is impleaded as per the Court Order dtd.17 .04.2025 in lA 212025 in cc No.7l412025). ...Respondents lA NO: 1 OF 2025 Petition under Section 10 and 12 of Contempt of Courts Act RAru Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to (A) initiate action for aggravated contempt against the respondents for willful disobedience and coercive actions taken on 0710412025 in violation of the Honble Courts order in contempt case 714 ot 2025 in WP No. 1788 of 2025 dated 2310112025 (B) grant such other and further reliefs as this Honble Court may deem fit and proper in the interest of justice and equity. lA NO: 3 OF 2025 BETWEEN: Smt.Koyya Household @ Kasini Prasanna,, Wo Koyya Suresh, aged 39 yrs., oc,c., R/o H.No.244, Basaweshwara Nagar, Sangareddy Dist. . . Petitioner/Proposed Respondent No.6 AND '1. Suresh Koyya, S/o.Sayanna Age. 46years, Occ: Software R/o. 1-1-58/3 Vinayaka Nagar, Nizamabad District, Telangana,503001- ...Respondent No,1 /Petitioner

2. Sri. Paritosh Pankaj, l.P.S, The Superintendent of Police, Sangareddy, Telangana. J I I

3. Smt. Pramila Devi, The Station House Officer, Women Police Station(WPS), Sangareddy District.

4. Sri Sathaiah, The Deputy Superintendent of Police, Sangareddy Diskict, Telangana.

5. Ms. l.B. Rani, lPS, The Commissioner of immigration, East Block-Vlll, Level- V, Sector-1 , R.K. Puram, New Delhi-1 '10066.

6. MS. SH -Venkata Appala Naidu Chintan, IPS The Foreign Regional Registration Officer Sardar Vallabhai Patel Bol OCR Compbx, Shamshabad- Pahadishareef Road, Mamidipally, Shamshabad, Telangana, PIN-501218. ...RespondenURespondent Petition under Section 1 51 of CPC praying that in the circumstances stated in the affidavit filed in support of the petation, the High Court may be pleased to vacate the order dated 1610412025 in contempt petition No.714 of 2025. Counsel for the Petitioner :SRl G SUMANTH KUMAR Counsel for the Respondent Nos.l to 3 : GP FOR HOME Counsel for the Respondent No.6 : SRI YEMMIGANUR SOMA SRINATH REDDY The Court made the following: COMMON ORDER I I I I i // / I I HONOURABLE SRI IUSTICE B. VIJAYSEN REDDY CONTEMPT CASE No.117 OF 2025 II{/AND CONTEMPT CASE No.7l4 OF2025 COMMON ORDER: (oRAL) C.C. No.1177 of 2O25: This contempt case is filed aggrieved by the wilful disobedience of tlre order dated 17.04.2025 passed by this Court in C.C. No.714 of 2025 in W.P. No.No.l788 of 2025. C.C. No.1177 of.2025: This contempt case is filed aggrieved by the wilful disobedience of the order dated 23.01.2025 passed by this Court in W.P. No.l788 of

3. For the sake of convenience, the parties herein are referred to as arrayedinthewritpetition videW.P. No. 1788 of 2025.

4. The petitioner and respondent No.6 are husband and wife. The petitioner filed W.P. No. 1788 of 2025 seeking removal of Look Out Circular (LOC) opened against him in connection with C.C. No.136 of 2023 on the hle of the leamed I Additional Judiciat Magistrate Cour! Sanga Reddy (for short 'trial Court'). Order dated 23.01.2025 was 2 passed by this Court suspending the LOC opened against the petitioner for a period of six (6) months. The petitioner was directed to appear before the tnal Court within a period of three (3) weeks from the date of the said order. The trial Court was given liberty to impose conditions to ensure that the petitioner cooperates with the trial and appears before the trial Court as and when required. Thereafter, order dated 15.03.2025 rvas passed by this Court directing the petitioner not to leave lndia without prior intimation to the trial Court.

5. By alleging that the order datd23.01.2025 was not complied with- C.C. No.7l4 <tf 2025 was filed by the petitioner and respondent No.6 got herself impleaded in the said contempt case. Order dated 16.04.2025 was passed by this Court by recording the submissions of the learned Govemment l'leader for Home that due to communication gap, the order dated 23.01.2025 in W.P. No.1788 of 2025 was not communicated to tlr,r Imrnigration Department in the Rajiv Gandhi Intemational Airport alr, immediate steps will be taken to communicate the said orde, Consequently, direction was issued to respondent authorities therein to conrmunicate the order dated 23.01.2O25 for suspending LOC opened against the petitioner within a period of three (3) weeks 3

6. The matter underwent several adjoumments, however, to give a quietus to the matrimonial disputes, the petitioner and respondent No.6 were directed to appear before this Court by order dated 17.04.2025 in C.C. No.7l4 of 2025. On 24.01.2025, the parties appeared before this Court and the respective counsel appearing for them requested the parties to be sent for mediation before the Co-ordinator, Mediation Centre, High Court Legal Services Committee (HCLSC). During the interaction with rhe parties, this Court enquired the petitioner, if he is willing to pay any emount as interim maintenance to respondent No.6 and minor children. lhe petitioner agreed to transfer Rs.15,00,000/- to the account of respondent No.6. Order dated 21.04.2025 was passed directing the petitioner to deposit Rs.15,00,000/- to the account of respondent No.6 on the same day. The parties were referred to mediation centre, HCLSC, on

22.04.2025. 7 . Or,13.06.2025, it was informed to this Court that the petitioner left tbr the USA and he has violated the order dated 15.03.2025. Subsequently, during further hearing, leamed counsel lor the petitioner informed this Court that the petitioner has come back to India. When this Court enquired the learned counsel for the petitioner as to the deposit of 4 Rs.15,00,000/- (Rupees fifteen lakhs only), leamed counsel submitted that Rs.5,00,000/- (Rupees five lakhs only) has been deposited in the name of respondent No.6 vrfu D.D. No.508558 dated 24.04.2025. Further, the Fixed Deposit Receipts (FDRS) for Rs.5,00,000/- each have been made irr thc names of the two (2) minor children and the same were handed over to respondent No.6. Learned counsel fbr the petitioner submitted that the amount of Rs.15,00,000/- was offered by the petitioner- as a security for his retum from the USA. Now that the petitioner h:.:, come back to lndia and he is willing to stay in India until conclusion ol- the criminal cases filed against him, the order dated 21.04.2025 may be modified.

8. Leamed counsel for respondent No.6 submitted the petitioner is liable to be punished as he has wilfully disobeyed the order dateC

23.01.2025 passed by this Court in W.P. No.l788 of 2025. Not only the petitioner has left for the USA without informing the Court hLri committed further contempt by not depositing Rs.15,00,000/- as direct,,, by this Court by order dated2l.O4.2025.

9. Having given eamest consideration to the submissions made by the leamed counsel tbr the petitioner and learned counsel for respondent \ 5 l.io.6, this Court is inclined to take a lenient view in these contempt cases. The petitioner has come back to tndia and willing to cooperate with the trial. Out of Rs.15,00,000/- which was to be paid towards maintenance I and security of respondents No.6 and the minor children, as discussed above, Rs.5,00,000 was already paid to respondent No.6 through Demand Draft dated 24.04.2025 and the FDRs for Rs.5,00,000/- each were made r the name of minor children. ln view of the same, it would be appropriate to permit respondent No.6 to have custody of the said FDRs .rnd utilize the same for the benefit of the minor children as and when required. The ICICI Bank, Miyapur Branch, Hyderabad is directed to permit respondent No.6 to deal with the FDRs. Respondent No.6 is given liberty to approach the trial Court for withdrawing the FDRs amount for the benefit of the minor children.

10. With the above observation, both the contempt cases are closed. : lcre shall be no order as to costs. As a sequel thereto, miscellaneous applications, il any, pending in these contempt cases stand closed. i\t\ To, SD/. A.V.S. PRASAD DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// i

1. The I Additional Judicial Magistrate Court, Sanga Reddy zoneCCtoSRlYEMMIGAN-URSoMASRINATHREDDY.AdvocateIoPUC] \

3. One CC to SRI G SUMANTH KUMAR, Advocate IOPUCI 4. Two CCs to the GP for HOME, High Court for the State of Telangana at 5 Hyderabad (OUT) Two CD Copies ADK/gh (r I HIGH COURT DATED:0810712025 I t I COMMON ORDER CC.No.117V of 2O25 ln/and CC.No.714 ot 2025 lHE:;;. ?. t, -' [,1 li - 'i' ? I 0CI 295 .,.', ,,.' -, ,;-' .\,. ;l' )t I I i I I I i ! I i CLOSING THE BOTH CONTEMPT CASES WITHOUT COSTS {tr {o lu LT