G. Sandeep Raju vs G. Preethi
2024 Latest Caselaw 935 Tel

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

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