The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the execution of the order passed in Crl.M.P.No. 1155 of 2017 in M.C.No. 125 of 2017 dt.20-4-2018 on the file of the Court of the Addl. Iriletropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case Cum Addl. Family Court cum XXlll Addl. Chief Judge-cum-lX AMSJ, Hyderabad pending disposal of the main Criminal petition. l.A. NO: 2OF 2025 (VACATE STAY PETITION Between: Smt. M R.Swetha, Wio. Sudheer Mohan Aged about 36 years, Occ.Housewife R/o. H.No.6-1-7lA, Road No.2, Madhurapuri Colony, Almasgud-a, Hyderabad. ...Petitioner/Respondent No.2 AND 1. M.R.Sudheer Mohan, S/o- Late M.Ramulu, Age 41 years, Occ: Software lJnpJoyee_R1o- Flal No.50 l, 5th Floor, T-Block, Anahd Vihar Apartments, Shaikpet, Toll Chowki, Hyderabad ...Petitioner/Accused 2. The State of Telangana, rep. by its Public Prosecutor, High Court, Hyderabad. ...Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to vacate the interim order dated 2010612023 passed in 1.A.1 ol 2023 in Crl. P.No. 54 1912023. This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Khaja lnaya Thulla, Advocate for the Petitioner and Sri E.Ganesh, Asst. Public Prosecutor on behalf of the Respondent No.1 and Mrs. M.R.Swetha, Party-in-Person 2nd Respondent/wife. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITI ON No.5419 OF 2o23 ORDER: The present Crimina-l Petition is frled by the petitioner/husband seeking to quash the order dated 20.O4.2018 in Crl.M.P.No.1155 of 2Ol7 in M'C'No'125 of 2OI7 passed by the learned Additional Metropolitart Sessions Judge for trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court-cum-XXIII Additiona-l Chief Judge-cum-IX AMSJ, Hyderabad'

2. Heard learned counsel representing petitioner/husband and Mr. E. Ganesh, learned Assistant Public Prosecutor appearing for respondent No'l-State' Mrs.M.R. Swetha, Part5r-in-Person/2"d respondent/wife' Perused the record.

3. Learned counsel for the petitioner/husband contended that the trial Court erred in awarding interim rnaintenance at the rate of Rs.7,000/- per month to the 2 .'{{u::1: \ 2nd respondent/wife that too from the date of the petition, without properly appreciating the fact that she deserted the petitioner herein on her own accord, as such she is not entitled to claim any mainteilance, much less the interim maintenance. He further contended that the 2"d respondent has completed her M.Tech., and working as a Professor and earning handsome salarl, which is more than the earnings of the petitioner herein and hence. she is not entitled for any maintenance.

4. He further contended that the petitioner herein has to maintain himself and his family members and the petitioner has no other source of income to maintain the 2"d respondent separately. He further contended that the petitioner made his best efforts to take her into his conjugal fold but she refused and when there was no charrce of re-union, the petitioner was constrained to hle divorce petition in O.p.No.163 1 of 2OL6 on the file of Family Court, Hyderabad prior to filing of the maintenalce case; suppressing the material facts, she frled M.C.No.125 3 of 2017, as such the order impugned is not sustainable in the eyes of law and hence, he seeks to set aside the same'

5. Party-in-Person.f 2nd respondent/wife is present'

6. A perusal of record reveals that this Court vide order dated 20.06.2023 inas granted interim stay of all further proceedings in Crl.M.P.No.1155 of 2Ol7 dated20'O4'2018 in M.C.No. 125 of 2017 passed by the learned Additional Metropolitan Sessions Judge for trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court-cum-XXIII Additionat Chief Judge-cum-IX AMSJ, Hyderabad subject to the condition of the petitioner paying 50% of the interim maintenance of Rs.7,000/- per month to the 2'd respondent/wife as awarded by the trial Court' Party- in-Person admitted that interim order passed by this Court has been comPlied with. It is admitted fact that the interim order gralted by this

7. Court 20.6.2023 is being complied with by the petitioner and paying interim maintenance to the 2"d the recordr respondent @ Rs.3,5OO/- Per month' ttre letitioner is , However, I 4 :::.4', shows that the tria_l Court granted interim maintenalce of Rs.7,OO0/- p.m. to the 2"a respondent.

8. Having regard to the submissions made by the learned counsel for the petitioner and the 2.d responde nt /wife /party_ in-Person ald in view of the facts and circumstalces of the case and a_lso in view of the principle laid down by the Hon,ble Supreme Court in Rajnish vs. Nehal, this criminal petition is disposed of directing the petitioner to pay interim maintenance to the 2"d respondent at the rate of Rs. ,OO0/_ p.m. from today. The order dated 2O.4.2O18 passed by the learned trial Court is modified to that extent.

9. The learned trial Court is hereby directed to dispose of the M.C.No.L25 of 2O17 pending on its f,rle expeditiously, preferably, within a period of one year from the date of this order, keeping in view the principle laid down by the Hon,ble Supreme Court in Rajnish vs. Neha (1 supra) and in accordance with the merits of the case. Needless to observe that this court has not made aly observations on the entitlement / rights of the parties. ArR 2021 SC 569 \ t i I I l I j To, 5

10. This criminal petition, is' accordingly' disposed of Miscellaneous petitions, if any' pending shall stand closed SD/. A.SREENI VASA REDDY S ISTANT REGISTRAR /ITRUE COPY'/ SECTION OFFICER f Jubilee Hills Car Bomb dl. Chief Judge-cum-lX for the tr cum XXlll olitan Se Addl F ssions Judge amilY Court

1. Th e Addl. MetroP Case Cum Blast AMSJ, Hyderabad aja lnaya Thulla' Advocate IOPUCI' 2. One CC to Sri K h [I.R.Swetha, Party-in-PersontOPUC] 3. One CC to Mrs' lic Prosecutor, High Court for the State of Telangana tourl 4. Two CCs to Pub 5. Two CD CoPies' YJR/GH 4,F- HIGH COURT DATED:26 tO3t2O2S ORDER CRLP.No.5419 of 2023 g. a. HE s14 o^ (. 0 3 srP 206 I ,r) \i. DISPOSING OF THE CRIMINAL PETITION. fl+ 23 6 2)