Rahat Deeba v. l.TheStateofTelangana

PetitionunderSection52SofBNSSprayingthatinthec|rcumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be ;leas;J to call for the entire records relating to MC No ggo oi 2022 (New)' MC [ro]zs oizors (old) pending on the file of Learned Family court-ll, Hyderabad at Kalapataru, and give n""".riry directions to the trial court for expeditious dlsOos{ oi tne restoration- petition vide CrLIrr1P No. 847 of 2O23, invoking powers U/s 483 CrPC, in the interest of justice. t.A. NO :2OF 2024 PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances stated in the lvlemorandum of Grounds of Criminal Petition,the High Court-may be oleased to stav all further proceedings in relating to MC No 990 of 2022 (New)' il;n;.-1iS or 2019 (Oid), pending on the fite of Learned Family Court-ll, Hyderabad at Kalapataru, pending quaih petition, in the interest of justice' This Petition coming on for hearing,upon perusing the Memorandum of GroundsofCriminalPetitionanduponhearingtheargumentsofSrilvloHAMMAD ADNAN ,Advocate for the Petitioner and Sri SUREPALLI PRASHANTH ' Asst' Public Prosecutor on behalf of the Respondent No l The Court made the following ORDER: !w.i -.''.:+*3 r j'-, / ,,/ THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITI ONN o. 15086 0F 2024 ORDER: This Criminal Petition is hled under Section 52g of the Bharatiya Nagarik Suraksha Salhita (for short ,BNSS,) by petitioner t,o quash the proceedings against him in M.C.No.99O o1'2022 (M.C.No. t79 of 2019 (Otd) ) on the file of F amily Court-[], Hyderabad at Kalapataru. 2 Heard Mr. Mohd. Adnan, learned counsel for petitioner and Mr. Sru-epal1i prashanth, learned Assistan t public Prosecutor for respondent - State. perused the ma terial on record

3. The rr, arriage of petitioner was perforraed on 05.07.2010 \rrh respondent No.2. They were bles,:;ed with one daughter ilnd a son. Both the children are in th,: care of petitioner. There were some differences betwt,:en the petitioner ar-rd respondent No.2. An FIR bearing l{o.64 of 2019 was regrstered on 05.O2.2019 against respondent No.2. Petitioner alon g with her two children is residing at her father's house. To maintain day to day expenses,. of the // 2 JAK J CRLP 15086 2024 children and herself, M.C.No.179 of 2Ol9 was filed before Additional Metropolitan Sessions Judge for Trial of JHCBBC, MSJ Courts at Nampally, Hyderabad, seeking maintenance of Rs.5O,OO0/-.

4. It is contended that the said MC was shown as disposed of in the case status of II Additionai Family Court on 16.11.2023. An application vide Crl.M.P.No.847 of 2023 in M.C.No.990 of 2022 was filed for restoration before the Family Court-II at Kalpataru, Hyderabad, in the Month of December, 2023 and till date, no orders are passed in the said petition.

5. Heard learned counsels, perused the record and considered the rival submissions

6. M.C.No. 179 of 20 19 was shown as disposed of on 16.17.2023. On a perusal of the record, it is observed that a petition bearing Crt.M.P.No'847 of 2023 is filed in the month of December, 2023. The averments made in affrdavit filed in Crl.M.P.No.847 of 2023, are as follows:- "I submit that the said Miss Zehra Begum was touch with my counsel, ald I was never updated on tJre date fixed for cross examination. My counsel did not F ( I J JAK, J cRrP 15086 2024 update:r.e on zrny such details. In fact I am enclosing re couple ()f screen shots of July 2023 arrd August 202:t, which evrdences the fact that I got the number of th,: said adv,tcate cOmmissioner and c6ntacted her ove r whatsaFt, ald requested her to update on fixing of the commission to proceed with cross examination an,l except fitr reply as 'Walekum as saJam, 'OK' and othe r formiLl r.:plies she did not grve any positive response. 6. So alsc, my counsel did not update me that the court is insisting on submitting cross examination report anrl that adve:se inference is being drawn against mi. 7. I su bmit on the matter was lastly listed or L 76.11.2023 as a last chalce, as seen from the onlinr,: reports, but on the said date the said counsel hersell messaged me on my whatsapp and informed that m.., case is on 17.17.2023, even though I was ready to stair from my trouse to appear before the court. 8. Through the said whatsapp communication I informed -he counsel that the advocate commissioner ir; not takirlg ary steps against which she asked me t(l just appt.rtr on 17.11 .2023. 9. I subnrit that on 17.17.2023, when I reacherl tlrr. court and checked for my case in the cause list, it was not refler:ting. I called my satd counsel but she refusec to answ€ r. I then took help of court staff to verif\. th€ status alld to my utter shock Iwas informecl that my case is dismissed in default due to non compliance ol the court tlirection to complete cross examinat'ion.,, It is sub,mitted across the Bar that both the children were being prxd an arnount of Rs. 12,000/_ per monr-h, each, for day to dav expenses, that after the order of disn:.issal for default for non-representation, respondent No.2 stopped payment of maintenance amount. That petitioner is facing difficulty for paying the schoor fees of her children, including day to day expenses. Learned counsel requested that petition for restoration be disposed of at an early date, as the issue 7 , I 4 JAK, J CRLP 150E6 2024 3 pertains to day to day affairs of expenses of children and payment of school fees to the children'

8. This Court, having considered the entire factual matrix of the case, is of the considered opinion that a direction be given to the Family Court-II at Kalpataru' Hyderabad to dispose of Crl.M.P.No .847 of 2023 in M'C'No'990 of 2022 at an early date, preferably, within a period of four (04) weeks from the date of receipt of a copy of this order' 9 With the above observations, this Criminal Petition is disposcd of Miscellaneous applications pending, if any' shall stand closed. - - sd/- Al/.srnasno ANT REGISTRAR ASSI //TRUE COPY// SECTION OFFIC ER To, 1 2 3 . The I Additional Family Court Judge' Hyderabad-at Kalpataru . iil J;il",i;ilv court-ll, Hvderabad at Kalapataru' . Two CCs to Asst. Public "t""l;;i;; Hvderabad. (OUT) . 3'""""#;; iii rtioHnuuno ADNAN Advocate [oPUC] 5. Two CD CoPies H';h Co"t tot the State of Telangana at kuYDL HIGH COURT DATED:.121031202s ORDER CRL.PETITION No.15086 of 2024 c -)c o 'tHE li14 14: 6r. 1 0 APfl 2025 J C \\=;j o ( c DISPOSING OF THE CRL.PETITION I ,{