✦ High Court of India · 02 Sep 2025

The High Court · 2025

Case Details High Court of India · 02 Sep 2025
Court
High Court of India
Decided
02 Sep 2025
Length
1,440 words

t-t!ql, 9or+ For The State Of Telangana, Represented By tts p.p High Court, At Hyderabad.

2. A.qe1f[Khan, s/o Ari yar Khan Age about 32 years occ software Emprovee ,' at TCS RJo H. No 8-13-.141 t1_47tA,Phase _4 Kings Cotony. 5f,i"li,p*i,ir, Rajendernagar, Hyderabad, T.S. ...RespondenUState ..RespondenURespondenURespondent 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 quash the order, Modifying the order passed by-the principil Judge Family court cum Xlll Additional Metropolitan Session .tuuge: Flyoerabad in M.P-No.76 of 2024 in M.c.No.1511 of 2022 dated 20th aay ot'nugust 2021, Enhancing the lnterim Maintenance @ Rs 30,000/- (Thirti rhous"and only) month to the Petitioner No.1 and Rs.20,000A (Twenty Thousand only) per month to the Petitioner No.2 i e in totat Rs.50,000/- (Fifty Thousana onlyy iLi month to the Petitioner No.'l & 2, from the Date of petition, against tne liantea tnterim Maintenance directing the Respondent to pay Rs.12,000/- (Rs Tw:elve Thousand only) per month to the Petitioner No.'r and Rs.10,000/- (Ten Thousand onrvi p", month to the Petitioner No.2 in total Rs.22,000/- p.M (Twenty Two rnoulino only) per months towards their interim maintenance from the Date of Petition, considering the above stated facts and reasons, interest ofjustice. LA. NO: 1OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition :he High Court may be pleased to DIRECT the Respondent to pay the Interim Maintenance at the ENHANCED rate @ Rs.30,0001 (Thirty Thousand only) per month to the Petitioner No.1 and Rs.20,000/- (Twenty Thousand only) per month to the Petitioner No.2 in total Rs 50,000/- (Fifty Thousand only) per month to the Petitioner No 1 and 2, from the Date of Petition, againsl the lnlerim Maintenance granted by the Principal Judge Family Court -Cum-XIll Additional Metropolitan Session Judge: Hyderabad in MP.No.2024 in tvl.C.No 1511 (rt 2022 dated 0 day 0 August 2024, directing the Respondent to pay Rs.12,000/ (Twelve Thousand only) per month of the Petitioner No.1 and Rs.10,000/- (Ten Thousand only) per month to the Petitioner No.2 In total Rs.22,000/- P.M (Twernty Two Thousand only) per months towards their interim maintenance from the Date of Petition till the disposal of the main M.C considering the above stated reasons and facts in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Syed Ahmed Ali, Advocate for the Petitioner and the Sri Jithender Rao Veeeramalla Additional Public Prosecutor on behalf of the Respondent No.1. and of Sri Mohd lslamuddin Ansari, Advocate for the Respondent No.2. CRIMINAL PETITION No:11793 ol 2024 Between: 't. Mrs. Warud Basheer, Wo Amer Ali Khan Age about 27 Years Occ Household

2. Omar Ali Khan, S/o Amer Ali Khan Age 2tn Years (Petitioner No 2 being Minor represented by his natural guardian and mother i.e petitioner No.'l ) Both R/o.H.No.16-2-3711, Flat No,304, Akberbagh, Malakpet, Hyderabad, T.S. Bano Residency, ... Petitioners/Petitioners AND Amer Ali Khan, S/o Ali Yar Khan Age about 32 Years Occ Software Employee Rr/o H. No 8-13-14111471A, Phase -4 Kings Colony. Shastripuram, Rajendernagar, Hyderabad. ... Res po n de nURes po ndent Petition under section 528 of BNSS prayrng that in the circumstances stated in the lVemorandum of Grounds of Criminat Fetition, the High C;;ri ;ry be pleased to carr for the records rerating to the order dated 20.08.2d24 passed in M P. No.76 of 2024 in M.c.No 151 1 of 2022 passed by the principar Famiry court Judge, at Hyderabad and set e side the orders passed oy irie rearneo Principal Famity court Judge, at Hyderabad above M p. 76 of 2o2c in rr,l c ruo '1 5'1 1 of 2022 dared 20.08.2024 by ailowing this criminar petition and dismiss the M P No. 76 of 2024. l.A. NO: 1 OF 2 024 Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminLr Fetition, f," nigr.,-corrr'rrv bepleased_tograntstayof ailfurtherproceedings in M.c.No.15.l l oizozz,intne file of the Principar Famiry court Judge, at Hy-derabad, pending aisposai oi ine Criminal petition. This -Petition coming. on for hearing, upon perusing the Memorandum of ^ -hearing Grounds of criminar petition and upon the arluments of sri- Motrd lslamuddin Ansari, Advocate for the petitionei and the sri Jithender Rao Veeeramalla Additionar public prosecutor on beharf of the Respond"nt-r.ro. r , ,ro of Sri Syed Ahmed Ali, Advocate for the Respondenl No.2. The Court made the foltowing: COMMON ORDER I I l l I i I I I I i l :l i I THE HONOURABLE SMT JUSTICE JUWADISRIDEVI CRIMINAL PETITION Nos.11628 and 11793 of 2024 COMMON ORDER Since both these Criminal Petitions are arising out of sanre Maintenance Case and the parties are one and the same. hence these matters are being disposed of by way of common order 2 The Clriminal Petition No.11628 of 2024 is filed by the petitioners seekrng to modification of the order passed tn M P No 76 o'f 2024 in M.C.No.1511 of 2022 by the learned Principal Judge, Family Court-cum-Xlll Additional IVletropolitan Sessions Jrrdge llyderabad, wherein, the learned trial Court directed the respondent to pay Rs.12,0001 per month to the petitioner No.1 and Rs.'10,000/- per month to the petitioner No.2 totalling to Rs 22 000/-

03. 'Ihis Crimrnal Petition No.1.1793 of 2024 is filed by the petitioner seeking to set aside the order in M.P.No.76 oI 2024 in M,C.No 151'l o'f 2022 passed by the learned Principal Judge, Family Courl-cum-Xlll Additionai l\4etropolitan Sessions Judge, Hyderabad, wherein, the learned trial Court directed the petitioner to pay Rs.12,000/- per month to the respondent No.l and Rs.10,000/- per month to the respondenl No.2 totalling to Rs.22,0001. )

04. Heard Sri Syed Ahmed Ali, learned counsel for the petitioners/wife and son in Crl.P.No.11628 of 2024 Sri Itlohd.lslamuddin Ansari, learned counsel for petitioner/husband in Crl.P.No.'1 1793 of 2024 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. Perused the record

05. During the course of submissions, the learned counsel for both sides submitted that the matter before the learned trial Court is coming for cross-examination of PW.1 and they consented for proceeding with the trial before the learned trial Court and sought for a direction to the learned trial Court for expeditious disposal of the main l\llarntenance Case

06. ln view of the above submission made by both the learned counsel and considering the fact that the trial is in active progress, this Court without entering into the merits and demerits of the case, is of the considered opinion that a direction can be given to the learned trial Court for expeditious disposal of the main Maintenance Case

07. Accordingly, both these Criminal Petitions are disposed of directing the learned trial Court to dispose of the main Maintenance Case within a period of three (03) months from the date of receipt of a copy of this order, in accordance with law Both the parties snall extend their co-operalion for earlier disposal of the main l,4aintenance Case. 11 is made clear that the trial Court shall not be influenced by any of the observations made in this order. As a sequel miscellaneous applications, pending if any, shall stand closed Sd/- N. SRIHARI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Judge, Family Court-cum-Xlll Additional Metropolitan Sessions Judge, Hyderabad.

2. The Xlll Additional Chief Metropolitan Magistrate at Nampalty, Hyderabad. 3. The Station House Officer, WPS DD, Police Station Hyderabad. 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to Sri Syed Ahmed Ali, Advocate [OPUC] 6. One CC to Sri Mohd lslamuddin Ansari, Advocate [OPUC] 7. Two CD Copies

4.NVB/PSL HIGH COURT DATED:0210912025 /,/ i')1:o l. !. -,- t 1 rf'tI tffi 'i j J, ...., {^ 'a]- .: ,.-.{) ...:,' COMMON ORDER CRLP.Nosj,1628 and 11793 of 2024 DISPOSING THE BOTH CRIMINAL PETITIONS I 9 \D

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