Telangana High Court
Sri Sudheer Potharlanka vs The State Of Telangana And 3 Others on 3 January, 2024
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THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
CRIMINAL REVISION CASE Nos. 1315 and 1870 OF 2017
COMMON ORDER:
These Criminal Revision Cases are filed under Sections 397
and 401 of Cr.P.C aggrieved by the Judgment dated 09.02.2017
passed in Crl.A.No.58 of 2014 on the file of IV Additional
Metropolitan Sessions Judge, Hyderabad.
2. No representation on behalf of the petitioner. Heard
learned Assistant Public Prosecutor appearing for the
respondent-State and perused the record.
3. It is pertinent to mention here that initially the petitioner
herein preferred crl.R.C.No.1315 of 2017 assailing the impugned
Judgment on certain grounds, however, at later point of time, he
preferred another revision vide Crl.R.C.No.1870 of 2017 assailing
the very same impugned Judgment with some more grounds.
Therefore, this Court is inclined to proceed with the matter on
merits of the case as per the decision of the Hon'ble Apex Court
in "Bani Singh and others Vs. State of Uttar Pradesh 1",
1 (1996) 4 Supreme Court Cases 720 2
wherein it was categorically held that the High Court cannot
dismiss any appeal for non-prosecution simpliciter without
examining the merits.
4. The brief facts of the case are that on 21.03.2002 the
marriage of the petitioner and respondent No.2 was performed
and out of the wedlock they were blessed with respondent Nos.3
and 4 and that since the beginning of the marriage the petitioner
used to harass her and also threatened her to give divorce. In the
month of April 2013, the petitioner necked her out from his
house, thereby, she used to reside in the house of her brother at
Secunderabad. The petitioner is a software engineer in Oracle
Solution Services India Private Limited, Bangalore and earning a
sum of Rs.1,20,000/- per month and he is having several
properties in various places. Even though the petitioner has
been leading luxurious life, she along with her children are
depriving for shelter and for necessary amenities. Thereupon, the
respondents herein filed D.V.C.No.125 of 2013 on the file of V
Metropolitan Magistrate, Hyderabad.
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5. During the course of enquiry the respondents herein filed
five Criminal Miscellaneous Petitions and the details thereof are
as follows:
(a) Crl.M.P.No.988 of 2013 is filed seeking interim
residence order directing the petitioner herein to provide
suitable accommodation at Hyderabad for her and her
children or alternatively pay a sum of Rs.30,000/-
towards rent;
(b) Crl.M.P.No.993 of 2013 is filed seeking an amount of
Rs.50,000/- towards interim maintenance to her and her
children for attending their basic necessities;
(c) Crl.M.P.No.990 of 2013 is filed seeking to restrain the
respondents from alienating the shared house hold of the
petitioner, viz. Flat No.7063, Shoba Daffodil Apartments,
Soma Sundra Palya, HSR Lay out, Section II, Bangalore
and also his other properties i.e., one bed room
residential flat at Ahmedabad, Gujarat, residential house
bearing No.4-5-32/23, Vidyanagar, Ist lane, Extension,
Guntur and two open house plots admeasuring 300 Sq. 4
yds situated at Ragala Resorts, Bibinagar near
Ghatkesar, Hyderabad.
(d) Crl.M.P.No.991 of 2013 is filed seeking to restrain the
petitioner from renouncing his rights in the shared
house hold of the respondent, viz. Flat No.7063, Shoba
Daffodil Apartments, Soma Sundra Palya, HSR Lay out,
Section II, Bangalore
(e) Crl.M.P.No.992 of 2013 is filed seeking to restrain the
petitioner from alienating the shared house hold of the
respondent, viz. Flat No.7063, Shoba Daffodil
Apartments, Soma Sundra Palya, HSR Lay out, Section
II, Bangalore.
6. The trial Court after considering the submissions made by
both the parties, allowed Crl.M.P.No.988 of 2013 granting a sum
of Rs.7,000/- per month to respondent No.2 towards rent;
allowed Crl.M.P.No.993 of 2013 granting a sum of Rs.10,000/-
per month to respondent No.2 and a sum of Rs.1,000/- per
month each to respondent Nos.3 and 4 and further directed the
petitioner to pay the school fees of the children and meet the 5
expenses of books and uniform; allowed Crl.M.P.Nos.991 and
992 of 2013 restraining the petitioner from alienating the shared
house hold of the respondents, viz. Flat No.7063, Shoba Daffodil
Apartments, Soma Sundra Palya, HSR Lay out, Section II,
Bangalore until further restrained from renouncing or
transferring his rights in the said flat in favour of third party;
dismissed Crl.M.P.No.990 of 2013 in so further reliefs of
restraining the petitioner from alienating the properties situated
at Ahmedabad, Guntur and Bhongir and in so far as the relief of
restraining the respondents from attending his house at
Bangalore.
7. Being not happy with the said orders, the respondents
herein preferred an appeal before the appellate Court vide
D.V.Appeal No.58 of 2014. After considering the submissions of
both the parties and the entire material available on record the
appellate Court allowed the said appeal in part, enhancing the
maintenance amount to Rs.15,000/- from Rs.10,000/- to
respondent No.2 and to Rs.2,500/- from Rs.1,000/- to
respondent Nos.3 and 4 and Rs.10,000/- from Rs.7,000/-
towards rent from their residence from the date of the lower 6
Court order dated 05.09.2013. Feeling aggrieved, the petitioner
herein has preferred these criminal revision cases before this
Court.
8. Learned Assistant Public Prosecutor appearing for
respondent-State would submit that the learned appellate Court
after appreciating the material facts before it has passed the
order. Therefore, interference of this Court at this stage is
unwarranted. Hence seeks to dismiss the present criminal
revision cases.
9. Recording the submissions made by the learned Assistant
Public Prosecutor and upon perusing the entire material available
on record, I do not find any reason to interfere with the well
reasoned order passed by the Court below. Therefore, this Court
is not inclined to entertain the present Criminal Revision Cases.
10. Accordingly, the Criminal Revision Cases are dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 03.01.2024 VSU
