Ponnuru Venkaiah vs Ponnuru Venkata Shanmugasudha … on 25 March, 2025

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Andhra Pradesh High Court – Amravati

Ponnuru Venkaiah vs Ponnuru Venkata Shanmugasudha … on 25 March, 2025

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                 (SHOW CAUSE NOTICE BEFORE ADMISSION)
          IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV


               TUESDAY ,THE TWENTY FIFTH DAY OF MARCH

                       TWO THOUSAND AND TWENTY FIVE

                                   :PRESENT:
         THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO

                 CRIIVIINAL REVISION CASE NO.I 332 OF 2025
 Between :
 Ponnuru Venkaiah, s/o. pornurusrinuvasulu, aged about 44 years, Real
 Estate and property owner, D.No.25/6/731, NCC Colony, Andhrakesari
 Nagar, Nellore,spspr Nellore Andhra Pradesh.

                                        Petitioner/Respondent/Respondent
                                     AND
   1. Ponnuru Venkata Shanmugasudha @ Devarakonda venkata
      Shanmugasudha, w/o. ponnuruvenkaiah, aged about 35 years, R/o.
      3rd Street,Vasudha Nagar, Beside B.C. Hostel, Kotthuru Bit -1, NeIIore
      City.

   2. PonnuruSreenidhi, D/o. PonnuruVenkaiah, aged about 14 years, R/o.
      3rd Street,Vasudha Nagar, Beside B.C. Hostel, Kotthuru Bit -1, Nellore
      City.

   3. . Ponnuru VSS Jaswanth, s/o.ponnuruvenkaI-ah, aged about 12 years,
     R/o. 3rd Street,Vasudha Nagar, Beside B.C. Hostel, Kotthuru Bit-1,
      Nellore- City.

  4. The State ofAndhra Pradesh., Rep. by Public Prosecutor, High Court of
     Andhra Pradesh At Amaravathi

                                      Respondents/petitioners/petitioners


     WHEREAS the Petitioner above named through his Advocate SRI
BHOOMA MAHARSHI REDDY presented this Revision filed under section
 438 & 442 of BNSS/Section 397 and 401 of Cr.P.C.,           praying that in the

circumstances stated in the affidavit filed in support of the criminal Revision
case, the High Court may be pleased to set aside the order in I.A. No. 842 of
2024 in M.C. No. 59 of 2024, dated 03.02.2025 passed on the file of Family
Court- Gum- VI Additional District and Sessions Judge, Nellore, considering
the Petitioners financial constraints and the Respondentsincome


      AND WHEREAS the High Court upon perusing the petition and
memorandum of grounds filed herein and upon hearing the arguments of Sri
BHOOMA MAHARSHI REDDY Advocate for the Petitioner, ASSISTANT
PUBLIC PROSECUTOR for the Respondent No.4, directed issue of notice to
the Respondent Nos.1 to 3      herein to show cause as to why this CRIMINAL
REVISION CASE should not be admitted.

You viz:

   Ponnuru Venkata Shanmugasudha @ Devarakonda Venkata
   Shanmugasudha, W/o. PonnuruVenkaiah, aged about 35 years, R/o. 3rd
   Street,Vasudha Nagar, Beside B.C. Hostel, Kotthuru Bit -1, Nellore City.

   (for herself and on behalf of Ponnuru Sreenidhi & Ponnuru VSS Jaswanth)


are be and hereby directed to show cause either appearing in person or
through an Advocate, as to why in the circumstances set out in the petition
and the memorandum of grounds filed therewith(copy enclosed ) this
CRIMINAL REVISION CASE should not be admitted within four weeks.

IANO: 1 OF2025

      Petition under Section 438 & 442 of BNSS praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to grant interim suspension of the order in I.A. No. 842
of 2024 in M.C. No. 59 of 2024 dated 03.02.2025 passed on the file of Family
Court- Cum- VI Additional District and Sessions Judge, Nellore, pending
disposal of CRLRC No. 332 of 2025, on the file of the High Court.
 The Court made the following order:
                               Jty


     [{lssue notice to respondent Nos.1 to 3.

         Learned counsel for the petitioner is permitted to take out personal
notice     to   respondent    Mos.1      to   3   by     Registered   Post     with
Acknowledgment Due and file proof of service before the registry.

         Heard. Perused the record.

         Learned counsel for the petitioner submits that, while granting
interim maintenance, the Family Court took note of the fact that the
petitioner admitted an income of Rs. 60,000/-, but failed to consider that
he has claimed he is paying Rs. 29,000/- towards loan instalments. In
support of this contention, the learned counsel for the petitioner has
placed a copy of the petitioner's bank account.

         ln view of the submissions made and on perusal of the material on
record, this Court is of the view that the petitioner has been paying half
of his earnings towards loan amount.

         In the said facts of the case, there shall interim stay of all further
proceedings pursuant to the order dated 03.02.2025 passed in I.A.Nol842
of 2024 in M.C.No.59 of 2024 on the file of the learned Judge, Family
court-Gum-v[ Additional District and Sessions Judge,                  NeIIore, on
condition that the petitioner shall pay interim maintenance of Rs.15,000/-
per month from the date of the said petition i.e., 12.10.2023 and
continues to pay an amount of Rs.15,000/-(at the rate of Rs.5,000/-per
month each) towards interim maintenance to the respondent Mos.1 to 3
on or before 10th of every succeeding month.

         List the matter after four (4) weeksI"
                                                              SD/- K.SRl^
                                                                               ;A RAJU
                                                              ASSISTANT
                                                                               ISTRAR

                                     //TRUE COPY//                          OFFICER
                                                     For AOOIOIJ..I. .`_
 Tol
                                I.



      1. The Judge, Family Court-Gum-VI Additional District and Sessions

        Judge, NeIIore

  2. Ponnuru Venkata Shanmugasudha @ Devarakonda Venkata
        shanmugasudha, w/o. ponnuruvenkaiah, aged about 35 years, R/o.
        3rd Street,Vasudha Nagar, Beside B.C. Hostel, Kotthuru Bit -1, Nellore
        City. (for herself and on behalf of Ponnuru Sreenidhi & Ponnuru VSS
        Jaswanth)(by RPAD- along with a copy of petition and memorandum of

        grounds)
      3. One CC to SRl. BHOOMA MAHARSHI REDDY Advocate [OPUC]
  4. Two CCs to PUBLIC PROSECUTOR, High Court ofA.P[OUT]
      5. One spare copy
 =

4/
HIGH COURT

TMR,J

DATED :25/03/2025

LIST THE MATTER AFTER FOUR (4) WEEKS

NOTICE BEFORE ADMISSION

CRLRC.No.332 of 2025

Ail-, I

5|ex`S.* `

INTERIIVI STAY

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