Telangana High Court
A.Avinash, vs State Of Telangna, on 17 February, 2022
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.2333 OF 2018
ORDER:
Heard the learned counsel for the petitioner, learned
counsel appearing for the 2nd respondent and the learned Public
Prosecutor.
2. This Criminal Petition is filed to set aside the order
dated 15-12-2017 in Crl.M.P.No.433 of 2017 in M.C.No.39 of
2013 passed by the Judge Family Court at Khammam District.
The petitioner herein is husband and the 2nd respondent is wife.
The 2nd respondent has filed a petition under Section 125 Cr.P.C
vide M.C.No.39 of 2013 seeking maintenance from the petitioner
herein. In the said M.C., the petitioner herein has filed an
application under Section 294 of Cr.P.C vide Crl.M.P.No.433 of
2017 seeking to receive certain documents and mark them as
exhibits i.e., "1. Mobile Phone. 2. Positive photographs (5)
of the petitioner in M.C., obtained from face book account of
the petitioner. 3. Memorandum of Understanding between
the petitioner and the respondent. 4. Mutual divorce filed
under Section 13(B) at Vijayawada Family Court between
petitioner and respondent." The petitioner herein sought to
file the said documents on the ground that there is conversation
of the 2nd respondent in the said mobile phone which is useful for
the purpose of deciding the present case. The photographs and
the Memorandum of Understanding and copy of the mutual
divorce application are also relevance for the purpose of deciding
the present application. The said petition was resisted by the 2nd
respondent stating that in an application filed under Section 125
of Cr.P.C, receiving and marking of mobile phone, photographs,
is not required and the Court below has to consider the paying
capacity of the petitioner and the 2nd respondent.
3. Learned Family Court- Cum - VI Additional District
Judge, Khammam vide impugned order dated 27.10.2017 partly
dismissed the said application on the ground that petitioner
herein failed to explain the reasons for not filing the said memory
card and other documents along with the counter. The petitioner
herein has also filed the said application after a lapse of four
years.
4. Learned counsel for the petitioner would submit that
the said documents are relevant for the purpose of deciding the
very application filed under Section 125 of Cr.P.C and the Court
below erred in partly allowing the said application.
5. Learned counsel for the petitioner as well as the
learned counsel for the 2nd respondent would submit that M.C.,
is posted for judgment.
6. As stated above, the 2nd respondent had filed the said
application under Section 125 of Cr.P.C in the year 2013
whereas the petitioner herein had filed the above said
Crl.M.P.No.433 of 2017 seeking to receive certain documents for
the purpose of marking and to mark the same as exhibits on
behalf of the petitioner, in the year 2017. As perusal of the
petition filed under Section 294 of Cr.P.C, petitioner has not
explained reasons much less satisfactory reasons for not filing of
the said documents in time along with counter and he has not
specifically mentioned any reasons and the relevancy of the said
documents in the said petition. It is an application filed under
Section 125 of Cr.P.C and it is of the year, 2013. According to
this Court, receiving of mobile phone and photographs is not
required in an application under Section 125 Cr.P.C. The Court
has to consider the paying capacity of the parties. Except that,
other aspects cannot be gone into. Therefore, according to this
Court, the Court below rightly partly dismissed the application
filed by the petitioner vide impugned order by receiving mutual
divorce petition and Memorandum of Understanding, which is a
reasoned order and well founded.
7. Petitioner failed to make out a case to interfere with
the findings of the Court below. Therefore, this Criminal Petition
is liable to be dismissed and accordingly dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
__________________
K. LAKSHMAN, J
Date: 17.02.2022
dv
