The High Court · 2025

The State of Telangana, rep by its Public Prosecutor, High Court, Hyderabad Mysarapu Jyothi, Mo Mysarapu Vinay Kumar Aged 33 years, occ Household Mysarapu Joel, S/o Mnay Kumar, aged 10 years, being minor, rep. by his Mother and natural guardian Mysarapu Jyothi i.e., 2nd respondent Both are r/o Qr.No. BF-34.2, Bombay Colony, Paloncha Town and Maiidal, Bhadradri Kothagudem District. Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition; the High Court may be pleased to direct the court of learned Principal District & Sessions Judge at Bhadradri Kothagudem to dispose of Crl.A.Sr.No. 1590 of 2023. ...RESPONDENTS l.A. NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to suspend the impugned order passed in Cd.M.P. No. 375 of 2O22 in D\0 No. 08 of 2014 dated 22.04.2024 on the file of the lllAddl. Judicial Magistrate of First Class (Criminal Court for Agency Areas) at Kothagudem, perding disposal of CRLP No. 5994 of 2025. This Petition coming on for hearing, upon perusing the Mernorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KARUNAKAR REDDY, Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor for the Respondent No.1 and of T VASANTHA RAO, Advocate for the Respondent Nos. 2 &3. The Court made the following: ORDER [' l THE HON'BLE SRI JT'STICE E.V.VENUGOPAL CRIMINAL PEIITION No.5994 OF 2ol25 ORDER: This Criminal Petition is filed to dispose of Crl.A.Sr.No.159O of 2023, which is filed against order in Crl.M.P.No.375 of 2022 in D.V.C.No.O8 of 2OL4 dated 22.04.2024 passed by the III additional Judicial Magistrate of First Class (Criminal Court for Agenry Areas) at Kothagudem.

2. Learned counsel for the petitioner would submit that as against the order passed by the learned trial Court in DVC No"8 of 2OL4 dated L7.o3.2o22, criminal Appear (SR No.159o of 2023 has been filed. While it is pending, learned trial Court vide docket order dated

22.04.2024 in cr1.M.P.No.375 of 2022 in DVC No.o8 of 2014 had issued NBW against the respondent therein (petitioner herein) for his absence, in spite of several rerninders and the matter was adjorgned to 29.04.2024. Apprehending that the said NBW would be executed and if he is arrested, the petitioner would be adversely affected in his emplo5rment and career. Hence, the petitioner filed this Criminal Petition seeking to suspend the order passed by the learned trial Court in cr1.M.P.No.375 of 2022 in DVC No.o8 of 2014 dated 22.04.2024. 3. This Court, upon hearing the learned. counsel for the petitioner, passed an interim order on 30.O4 .2025 directing the Principal District \ ( 2 and Sessions Judge at Bhadradri Kothagudem to number the appeal, veri& and pass appropriate orders in Crl.A.SR No.1590 of 2023 within a period of four weeks from tlle date of receipt of a copy ofthe order.

4. Learned counsel for the petitioner wor'rld submit that in compliance of the interim order passed by this Court on 3O.O4.2O25, appeal has been numbered as Criminal Appeal No.4O of 2025 and the same is pending adjudication. He further submits that if the order passed by tlre trial Court is pressed into service, there is every possibility of his arrest, which would adversely alfect his emplo5mrent and career.

5. Sri T.Vasantha Rao, learned counsel for tJle unoffrcial respondents would submit that the appeal haS been filed by the petitioner in the appellate Court in the year 2023 against the order passed by the trial Court in the year 2O22 in DVC NO.8 of 2Ol4 on

17.03.2022, i.e., approximately after lapse of one year' which is not within the limitation as mandated in Domestic Violence Act. He submits that it is the conduct of ttre petitioner to lile frivolous petitions on one pretext or the other and dodging the same in order to disobey the order passed by tJle trial Court in granting maintenance, which would ultimately alfect the rights of the petitioners in DVC No. 8 of 2Ot4, as she is suffering with minor child for her maintenance as the petitioner is avoiding his responsibility in maintaining the I 3 unollicial respondents and sought for dismissar of the petition. tn support of his contention, he relied on the judgment of this court in Criminal Petition No. 16576 of 2Ol4 dated 16.O2.2O15.

6. This Court, by order dated 30.04.2025 has already addressed tl.e grievance of the petitioner. karned co,nsel for the petitioner would submit that in compliance of this court order, appeal filed by the petitioner has been numbered as Crl.A.No.4 O of 2025. I )

7. The petitioner got every right to approach the concerned Court i egainst the impugned order passed by the learned trial court in DVC No.8 of 2014, by filing an appropriate application, in accordance with law. upon filing such an application, rearned trial court shall pass appropriate orders in accordance with law. It is under these circumstances, keeping this petition pending any further will not yield any result.

8. under these circumstances, this criminar petition is disposed of granting liberty to tlre petitioner to approach the appellate Court by filing an appropriate application against order passed by the III Additional Judicial Magistrate of First class (criminal court for Agency Ares) at Kothagudem, in crr.M.p.No.37s of 2022 in DVC No.g of 2oL4 d'ated' 22.04.2024 , within a period of 15 days from the date of receipt of a copy of this order. Upon which, the learned appellate 4c Court shall pass orders within a period of 15 days thereafter. TiIl such time, the order passed by the III Additional Judicial Magistrate of First ) at Kothagudem, in Cr1.M.P.No.375 of 2022 in DVC No.8 of 2014 dated 22.04.2024 shalt stands suspended. As a sequel, miscellaneous petitions, if any, pend.ing, shall stand closed. \ To, SD/. U.SUDHA. ASSISTANTREGISTRAR 6 SECTION OFFICER ,/TRUE COPY"

1. The Principar District & sessions Judge at Bhadradri Kothagudem. 2. One CC to SRt. KARUNATGR REDDY Advocate tOpUCI 3. One CC to SRt. T VASANTHA RAO Advocate tOpUCI 4' Two ccs to sRr puBl.rcpLosEcuroR, Tetangana, Hyderabao. iOufJ ---' High court for the state of

5. Two CD Copies HIGH COURT DATED i2410712025 ,t ORDER CRLP.No.5994 of 2025 f t.-j t. ( * ,_-.. ":-:- "::::....-\-\ ;_ i i . :1,. l. l.i :- "::-,. 'i- : 0 3 irc Itffi :.i,;*1i1;2)t'' DISPOSING OF THE CRIMINAL PETITION