Telangana High Court
G. Sandeep Raju vs G. Preethi on 5 March, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.2558 of 2024
ORDER:
This Criminal Petition is filed against the order dated 20.02.2024 passed by the learned Judge, Family Court, Ranga Reddy District at L.B.Nagar in Crl.M.P.No.231 of 2023 in Crl.M.P.No.10 of 2021 in M.C.No.63 of 2020, Crl.M.P.No.231 of 2023, wherein in the said petition filed by the petitioner under Section 340 of Cr.P.C., the learned Judge deferred from passing the order on the ground that it might impact the proceedings in the Maintenance Case, which is filed by the respondent No.1/wife and also for the child with whom the relationship is not disputed by the respondent.
2. Heard Sri B. Subash, learned counsel for the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.2 - State.
3. Learned counsel for the petitioner would submit that the Court has no jurisdiction to postpone the matter and in support of his contention, he relied on the judgment of Allahabad High Court in W.P.No.(M/S) of 2002 in Syed Nazim Husain v. The Additonal Principal Judge Family Court & another, wherein it is observed that the Court has to dispose of the petition filed 2 under Sections 340 and 344 of Cr.P.C and there is no discretion to post pone the same that they have to dispose of the same before proceeding with the case.
4. In view of the submission made by the learned counsel for the petitioner, the trial Court is directed to dispose of the Crl.M.P.No.231 of 2023, as expeditiously as possible.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed.
_______________ K. SUJANA, J Date: 05.03.2024 Ssm