Dismissed

Thogara Venkateswarlu, Khm Dist. v. Thogara Pedda Atchaiah, Khm Dist. and 2 Othrs

Telangana HC2 Nov 2023CRLP/15916/2014

Case brief

AI extract

What is this about?

The High Court of Telangana dismissed a criminal petition under Section 482 Cr.P.C. filed by a husband aggrieved by an order granting monthly maintenance to his wife and father-in-law of Rs.4,000. The court held that the awarded amount, though meager, was sufficient and expressed no reason to interfere.

What did the court decide?

The criminal petition under Section 482 Cr.P.C. seeking to set aside the maintenance order was dismissed along with pending miscellaneous petitions.

Thogara Venkateswarlu, Khm Dist. Vs… — Pension and Retirement Benefits | Telangana HC (2023)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRIJUSTICE E.V. VENUGOPAL

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CRIMINAL PETITION NO: 15916 OF 2014

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Between:

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Thogara Venkateswarlu, S/o. Thogara Pedda Atchaiah, Aged 40 years, Occ Fitter and Mechanic, in Madaram Dolamite Mines, Madaram, Singareni Mandal, Khammam District.

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...Petitioner

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AND

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Thogara Pedda Atchaiah, KHM DIST. S/o. Muthaiah, Aged 68 years, Occ: Retired Employee, R/o.Current Office Area, Yellandu of Yellandu mandal, Khammam District.

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Thogara Venkatamma, Wo. Thogara Pedda Atchaiah, Aged 60 years, Occ: Housewife, R/o.Current Office Area, Yellandu, Yellandu mandal, Khammam District.

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The State of Telangana, Rep. by its Public Prosecutor High Cburt at Hyderabad.

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...Respondents

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records relating to and pertaining in Criminal Revision Petition No.36 of 2014 dated 14-10-2014 passed by the Judge Family Court cum Additional Sessions Judge Khammam confirming the orders passed by the learned Hon'ble Judicial Magistrate of First Class at Yellandu, Khammam District in MC.No.34 of 2013, daled 12-5-2014 by the allowing the Criminal petition.

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l.A. NO: 1 OF 2014(CRLPMP. NO: 17040 OF 2014)

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to suspend the order in Criminal Revision Petition No.36 of 2014 dated 14-102014 passed by the Judge Family Court cum Additional Sessions Judge Khammam confirming the orders passed by the learned Hon'ble Judicial Magistrate of First Class at Yellandu, Khammam District in MC.No.34 of 2013, dated 12-5-2014 pending disposal of Criminal Petition.

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./' This Petition coming on for hearing, upon perusing the Memorandum of ,'Grounds^{of criminarpetition and upon hearing the arguments of} sri^V. ,/ Brahmaiah chowdary, Advocate for the petitioner and the public prc,secutor (TG) on behalf of the Respondent No.3 and the Respondent No.1 anr 2 not appeared in personor by advocate.

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The Court made the following: ORDER

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THE HON'BLE SRI^{JUSTICEE.1/. VENUGOPAL}

¶20

CRJMINAL P.ETITION^{No.1591 6 0F 20t4}

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ORDER:

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Heard Mr.Laxmaiah,^{learned counsel for the petitioner and} Sri Vizarath Ali,^{Iearned Assistant Public Prosecutorfor the State'}

¶23

This Criminal Petition^{is hled under Section 482 Cr'P'C'} seeking to call^{for recordsrelating to the CriminalRevision} Petition No.36 of 2Ol4^{dated l4.lO'2O14passedby the learned} Judge, Family Court-cum-Additional^{SessionsJudge'Khammam} confirming the^{orders passed by the learned Judicial Magistrateof} First Class at^{Yellandu,KhammamDistrict in M'C'No'34of 2013} dated 12.05.2014^{by allowingthe CriminalPetition'}

¶24

The learned Judge,^{Family Court-cum-Additional Sessions} Judge, Khammam^{vide its order dated 74'lO'2O14 in C'R'P'No'36} of 2Ol4 has^{dismissed the CriminalRevision Petitionconhrming} the impugned^{order dated12'O5'2O14 passed in M'C'No'34 of} 2O13 by the^{learnedJudicial Magistrate of First Class' Yellandu'} Khammam District,^{wherein the learned Magistrate has allowed} the petition^{grantingmonthly maintenance of Rs'2'OOO/-(Rupees} Two thousand^{only) to each of the petitioners therein'in total} Rs.4,OOO/-^{per month from the date of their petition' Aggrievedby}

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the same, Criminal Revision Petition has been filed by this petitioner and the same has been dismissed by the learned appellate court. Aggrieved by the order of the appellate court the present criminal petition is filed by the petitioner.

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Learned counsel for the petitioner would submit that the order passed by the learned appellate court is without applying its mind and ought to have appreciated the evidence and would h,eve allowed the revision petition and further contended that the petitioner has got no proper income to provide maintenance to the respondent Nos. 1 and 2 herein. Therefore, seeks to set aside the order passed by the appellate court and to allow this criminal pet1t1on.

¶29

Learned appellate court rightly dismissed the C.R.P.No.36, of 2Ol4 dated l4.IO.2Ol4 and upheld the order passed by :he learned Judicial Magistrate of First Class, Yellandu, Khamm,m dated 12.05.2014. Having regard to the submissions made by r-he learned Assistant Public Prosecutor, this court does not hnd aly reason to interfere with the order passed by the learned appell,ete court as the maintenance awarded by the Judicial Magistrate of First Cldss, Yellandu, Khammam is meager compared to l.he present cost of living. Therefore, it is, in the interest of justice, t.-ris

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Court is of the opinion that the petitioner does not deserve the relief sought for.

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In the result, the criminal petition is dismissed.

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Miscellaneous petitions if any pending in this criminal petition shall also stand dismissed.

¶34

¶35

SD/SRI B. CHANDRA PRAKASH ASSISTAN?REGISTRAR

//TRUE COPY//

secrKorrrcen

To,

The Judge, Family Court -Cum- Additional^{Sessions Judge.}

¶40

The Khammam Judicial First Class^{Magistrate,Yellandu, Khammam District.}

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One CC to Sri. V. Brahmaiah^{Chowdary,Advocate} [OPUC]

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Two CCs to Public Prosecutor,^{High Court for the Stateof Telangana at} Hyderabad [OUT].

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Two CD Copies.

Yt.

HIGH COURT

EW, J

DATED:0211112023

,1.. x -
/{-
,i;
2 1 FEB 2024

¶49

ORDER

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CRLP.No.15916 of 2014

¶51

DISMISSING THE CRL PETITION

¶52

8oK(.^ ffi-

Thogara Venkateswarlu, Khm Dist. v. Thogara Pedda Atchaiah, Khm Dist. and 2 Othrs

Case brief

What is this about?

What did the court decide?

Thogara Venkateswarlu, Khm Dist. v. Thogara Pedda Atchaiah, Khm Dist. and 2 Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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