Dismissed

Lavarthy Santosh v. the State of A.P. and Another

Telangana HC12 Jul 2023CRLRC/929/2013

Case brief

AI extract

What is this about?

The High Court dismissed a Criminal Revision filed under Sections 397 and 401 of the Cr.P.C. seeking to set aside an interim maintenance order. The Court held that such a revision is not maintainable against an interim maintenance order and was further barred by a subsequent order in a related matter.

What did the court decide?

The Criminal Revision Case is dismissed; the petitioner is at liberty to work out available remedies.

Lavarthy Santosh Vs the State of A.P. and Another — Maintenance and Alimony | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL REVISION CASE NO: 929 OF 2013

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Criminal Revision Case under Sections 397 & 401 of Cr.P.C against the Order dated 05/03/2013 made in Crl.MP No.475 of 2013in DVC No.8B/2012 on the file of the Court of the Additional Judicial Magistrate of First Class, Karimnagar.

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Between:

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Lavqrthy Santosh, S/o Muniraj, Occ Pvt. Employee, Rl/o H.No.6-18-134, 1"t Floor, NGOs Colony, Subashnagar, Nizamabad Town.

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...PET|T|ONER (RESPONDENT NO.1 ) AND

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1 inu Strt" of A.P., Represented by Public Prosecutor, High Court, Hyderabad.

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2 qavartly Lavanya, Wo Lavarthy Santosh, Occ Household, R/o Fiat irlo.306, Roval Elite Apartments' Bhagvanagar'

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^"'T.HES'iorDENTs (pETrroNER)

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For the Petitioner : SRI P.SAI KRISHNA, Advocate

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For the Respondent No.1 : ASSISTANT PUBLTC PROSECUTOR, SRt VTZARATH ALI

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Forthe Respondent No.2 : SRI D.BHASKAR REDDY, Advocate (not present)

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The Court made the following: ORDER

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I I

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HONOURABLE SRI JUSTICE E.V.VENUGOPAL

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CRIMINAL REVISION CASE No.929 of 2O13

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ORDER:

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The present Criminal Revision Case is hled under Sections 397 rrncl 401 of Cr. P.C. against the order passed in Crl.M.P.No.475 of 2013 in D.V.C.No.BB of 2Ol2 dated O5.03.2O 13 on the file of the learned Additional Judicial Magistrate of First Class, I(arimnagar wherein an interim maintenance ,rf an amount of Rs.5,000 l- p.m '*,as awarded to the respond ent No.2 hererr-r

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Flear<l tl-re learnecl counsel for the petitioner and the learned Assisrtant Public Prosecutor appeerring for the respondent-St'rte

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Mr. Viza rath Ali, leanred Assistant Public Prosecutor appearing for respondent State would submit that the present Revisi,rn Case beftrre this Court is no1 maintainable as it has iree. r covered br the order dated^'27 .O4.2O22 in Criminal Revisron Case (SR) No.3198 of 2022 passed by the Hon''ble Sri Justice K. Laxrnan wherein it has been held that a Revision Application is not maintainable against an interim

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order granting interim maintenance in the light of Section 397 (2) of Cr.P.C.

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4 Taking into consideration the contentions made by the learned Assistant Public Prosecutor and the material on record, this Court is inclined to dismiss the Criminal Revision Case.

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Accordingly, the Criminal Revision Case is dismissed. It is needless to mention that the petitioner is at liberty to work out the remedies as available under law.

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Miscellaneous Petitions, pending if arry, shall stand

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closed.

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Sd/-M.MANJULA DEPUTY REGISTRAR //TRUE COPYII CA

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SECTION OFFICER

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The Additional Judicial^{Magistrate of First Class, Karimnagar.} Z. two CCs to the Public^{Prosecutor, High Court for the State of Telanganaat} Hyderabad^(OUT)

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Oire CC to Sri^{P.Sai Krishna,Advocate} [OPUC]

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One CC to Sri D.Bhaskar^{Reddy,Advocate} [OPUC]

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Two CD CoPies

HIGH COURT

DATED:1210712023

ORDER

CRLRC.No.929 of 2013

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CRL.R.C. IS DISMISSED.

Lavarthy Santosh v. the State of A.P. and Another

Case brief

What is this about?

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Lavarthy Santosh v. the State of A.P. and Another

Case brief

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What did the court decide?

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