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Judgment
This Criminal Petition has been filed seeking direction, directing the learned trial Court to dispose of the application vide Crl.M.P.No.4 of 2026 in Crl.M.P.No.2 of 2024 in FC.M.C.No.105 of 2024 filed by respondent Nos.2 and 3 by fixing time limit.
Heard Mr. Mummaneni Srinivasa Rao, learned counsel for the petitioner and Mr. V. Jithender Rao, learned Additional Public Prosecutor for respondent No.1. Notice in respect of respondent No.2 is dispensed with on the ground that the petitioner is not seeking any relief against respondent Nos.2 and 3 and they were arrayed as proforma respondents.
Learned counsel for the petitioner submitted that respondent Nos.2 and 3 filed F.C.M.C.No.105 of 2024 before the Judge, Family Court at Khammam, for grant of maintenance against the petitioner. In the said M.C., respondent Nos.2 and 3 filed application vide Crl.M.P.No.2 of 2024 for grant of interim maintenance. The said application was allowed on 15.09.2025. Pursuant to the said order, respondent Nos.2 and 3 have filed application under Section 144(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking enforcement of the said order. In the said application, the petitioner has filed his counter affidavit, denying the averments made by respondent No.2. Learned trial Court without deciding the application on merits, insisting the petitioner to pay the amount pursuant to the order dated 15.09.2025 and the same is contrary to law. Unless this Court issue necessary direction to the learned trial Court to dispose of the application vide Crl.M.P.No.4 of 2026 in Crl.M.P.No.2 of 2024 of F.C.M.C.No.105 of 2024, by fixing time limit, the petitioner will be put to great hardship.
Taking into consideration the submissions made by the learned counsel for the petitioner, without expressing any view on the merits of the application filed by respondent Nos.2 and 3 or the counter affidavit filed by the petitioner, this Court deems it appropriate to dispose of this criminal petition by directing the learned Judge, Family Court, at Khammam to dispose of the application vide Crl.M.P.No.4 of 2026 in Crl.M.P.No.2 of 2024 of F.C.M.C.No.105 of 2024, in accordance with law, as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order, uninfluenced by any of the observations made in the impugned order by giving an opportunity of hearing to the respective parties. It is made clear that the parties to the iis shall cooperate with the trial Court for disposal of Crl.M.P.No.4 of 2026 without seeking undue adjournments.
Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.
