The High Court · 2025

The State of Telangana, Represented by its public prosecutor, High Court for the State ofTelangana at Hyderabad. Nanubala Mounika, Wo. Dayakar Reddy, D/o.Gujjula Jaipal Rediy, Age 29 years, Occ. Housewife, R/o.H.No.8-74l 10_A, Srii-ampur Siirri,prr, Mancherial District - 504 303. Nanubala Ayush Vihaan Reddy, S/o. Dayakar Reddy, Aged 7 years, Occ. -l\rlancherial Studies, R/o.H.No.8-74110-A, Srirampui Colony, 6rir",.,'prr, District - 504 303. Nanubala Aful Devarsh Reddy, S/o. Dayakar Reddy, Aged 4 years, Occ. -Mancherial Studies, R/o.H.No.B-74l10-A, Srirampui Colony,'srirampur, District - 504 303. Respondents 3 and 4 are being minors, Rep. by their mother Respondent No.2.. 'Colony, ...Respondents/petitioners Petition under Section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar ietition, the High court may be_pleased to quash the order dated.13-07-2023 crr.M.p.No.4i of 2023 in M.c.No.03 of 2023 on the file of the Hon'ble Speciar Judiciar Magistrate of First Class (Excise) at Mancherial. l.A. NO: 2 OF 2 023 Petition under Section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminir Fetition, the High court may !e..qtga-s.ed to ,stay all further proceedings order dt.13.07.202"3 passed in crl.M.P.No.44 ol 2023 in M.c.No.O3 of 2021 on the fire of the Hon,bie speciar Judicial Magistrate of First class (Excise) at lVlancherial, pending disposal of the above criminal petition. .::: l.A. NO: 2OF 2025 Between: '1 . Nanubala Mouli(a, W/o. Dayakar Reddy, D/o Gujjula Jaio:rl t;ieddy'.Age 29 years, Occ. Hc,usewife, Ryo.H.t{o.A-7+/ 10-A, Srirampur Cclony' Srirampur' lt/ancherial Disl 'i:t - 504 303. (DoB.o5-07'io 1 i)-Now 2nd Class. ...Petitioner No.1/Respondent No'2 2. Nanubala Ayur;lr Vihaan Reddy, S/o. Dayakar Redd'y' Aged 7 years' ...Petitioner N o'2lRer; pondent No'3 3. Nanubala Arul Devarsh Reddy, S/o. Dayakar Reddv, Aged 4 years' ...Petitioner No.3/Respondent No.4 (D.O.8.27 -12'2'1 1 8)-now LKG (Petitioner No 2 and 3 are minors hence represented b v their Mother Petitioner No,1l AND NanubalaDayaka-Reddy,S/o.NanubalaRajireddy,AgeIlTyr':ars,OccPvt' Employee,Flo.FatNo.303,BalajiHomes;KushalnagarRc'aC,Kushalnagar, Opp. New Bus Ste nC, Siddipet, Siddipet District. ...ResponrJenUPetitioner Petition under section 528 of BNSS praying that in ttle circumstances stated in the lvlemorandum of Grounds of Criminal Petition, ther Fiigh Court may be pleased to vacar 3 the interim order dated: 06-09-2023 in crl.P.No.8612 of 2023. This Petition :xrming on for hearing, upon perusing the Memorandum of Grounds of criminal I)etition and upon hearing the arguments of sri Nageshwar Rao Pujari, Advocal,: for the Petitioner and the Assistant Public Prosecutor on behalf of the Respo rdent No.1 and Sri B. Shashi Kanth, Ad'rocate for the Respondent No.2 an,i None Appeared for the Respondents No.:; & 4' The Court made the following: ORDER ':1 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITIIO N No.8612 of 2023 ORDER: The present Criminal Revision Case- is hled under Sections 482 of Cr.p.C. seeking to quash the order dated

13.O7.2023 passed in Crt.M.p.No .44 of 2023 in M.C.No.3 of 2023 on the file of the learned Special Judicial Magistrate of First Class (Excise) at Mancherial.

2. The brief facts of the case ar.e that respondent No.2 herein is the legally wedded wife of the petitioner herein and their marriage was solemnized, on 22.02.2015 at Naspur of Mancherial District. At the time of marriage parents of respondent No.2 presented Rs.5,00,000/_, go1d, a house and other household articles towards dowry on demand of the petitioner. Immediately after marriage respondent No.2 joined the company of the petitioner and lived happily for only a couple of months. Thereafter, the petitioner started harassing respondent No.2 both mentally and physically on one pretext or the other. Out of their wedlock, respondent No.2 was blessed with two children i.e., respondent Nos.3 and 4 herein. The petitioner used to make vulgar comments on respondent No.2 and used to \ .l 2 abuse her ir filthy language and bet her manl' times' He used to be: t children and abuse them to go a n d die ' for which, resrrcndent No.3 jumped from the first loor to commit sutci le, but neighbours rescued him' I?':sl rondent No.2 urnab Le to bear the torture, il1 1 reatr-re r-rt and harassmcnt meted out by the petitioner. u'ellt to her parents' hc use and living there' The petitior'er totally neglected ro rnaintain respondent Nos.2 tc 4 petitioni:r is a Software Engineer in Tech- nt'hindra, Hyderaberd earning Rs.2,O0,0OO/- per month ard he got sufficient Irleans to maintain respondent No s l to 4 ' The Responcienl No.2 being a household lady and having no means to rr:aintain herself and her children ancl Cecending on the rne r I r' of her old aged parents, gave rep or t to the concerned t'olice Station Srirampur (WPS) a51ai nst the petitioner f:rl the harassment meted out bv the p:rtitioner and the 1;c lice registered F.I.R'No.37 of 20 23, dated 22.06.2023 lor the offences under Section 49t"-l' of IPC ald Sectiol s, 3 and 4 of D.P. Act, which was tal{e,1 on file as M.C.No. ol 2023. "

3. The l-:Lrned trial Court after examining the ,rral and documentarl evidence and facts before it, has 1>a:;sed the -) docket order in Crl.M.P.No.44 of 2023 M.C., granting a sum of Rs.6,000/- per month to respondent No.1 and Rs.3,000/- each per month to respondent Nos.2 to 4 towards interim maintenance.

4. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor appearing for the respondent- State and perused the record.

5. No one appears for respondent Nos.2 to 4

6. Learned counsel appearing for the petitioner submitted that respondent No.2 along with her children, on her own accord, left the society of the petitioner and sought for interim maintenance of Rs.15,OOO/- per month each, Rs.5O,OO0/- towards School Fee and Rs.2O,00O/- towards litigation expenses. The learned trial Court has set the petitioner ex parte and granted Rs.6,0OO/- per month to respondent No.2 and Rs.3,000/- each per month to respondent Nos.3 and 4. The learned trial Court in deciding the quantum has relied on the submissions of the respondent Nos.2 to 4 herein and set a qualtum at total amount of Rs. 12,OOO/-. Herein it is pertinent to note that the tria-l C;ouct has drawn baseless presumptions and has \ 4 decided the <luantum of the interim maintenance 'vithout giving oppc r tunity to the petitioner' 'Ihert fo 'e ' the petitioner sr:e 1<s to reduce the maintenance ainou.lt ;6'le1'n,'rl Assistant Public Prosecutor o1)l)of;ed the 7 . same zr I d contended that the trial Cott rt upon appreciat in; i the oral and documentar5r evidenr:i' e vailable on recorrl r right perspective, granted the mz'in tenance and interfel ence of this Court at this stage is unrt'a -ranted' Therefore'. t.e seeks to dismiss the present ( )riminal Petition B. Hzr..'in q rcgard to the submissions of both the lear-ned counsel atlrl upon perusing the material av eil able on record and thc docket order passed by the trial rl)ourt, this Court deen-.si rt appropriate to reduce the mair-rr-er''alce by passing tht' 'oliowing order:- (i) Il- e petitioner shall pay interim main ter lance of Rs.10,0C)0/ ller month to respondent Nos'2 to 4 on or before l()Lr tf every Calender month to the Savin gs Bank Account of resPondent No.2. (ii) l\lrears of maintenance accrued if arry, subject to the outcome of the order of the trizrl M.C.No.O3 cf 2023. shall be Court in t 5 (iii) The trial Court shall conduct and conclude the proceedings in M.C.No.O3 of 2023, strictly relying on the decision passed by the Hon'ble Supreme Court in Rajnesh Vs. Neha & anotherr, as expeditiously as possible, preferably within a period of one year from today.

9. With the above direction, this Criminal petition is disposed of. Miscellaneous Petitions, pending if any, shall stand closed \ To, //TRUE COPY// SD/-N.SRIHARI DEPUTY REGISTRAR /t, t9x SECT OFFICER Hyderabad. [OUT]

1. The special Judiciar rvagistrate of First crass (Excise) at Mancheriar. 2. Two ccs to the Pubric prosecutor, High cou( for the state of rerangana at 9. 9n" CC to Sri Nageshwar Rao pujari, Advocate tOpUCl 4. One CC to Sri B. Shashi Kanth, Advocate [OpUC] 5. Two CD Copies ' 2020 Law Suit (SC) 687 HIGH COURT DATED:11104't2025 ORDER CRLP.No.8612 of 2023 -.- \ ,.\ r .l a) =$ $*et N ,/ i, I i-i i)t\l * \ I DISPOSING OF THE CRIMINAL PETITION el M