THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.9130 of 2012 Date:28.07.2014 Between:
Gunda Devadas . Petitioner.
AND The State rep by Public Prosecutor, High Court of A.P., Hyderabad and others.
. Respondents.
The Court made the following :
THE HON'BLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION No.9130 of 2012 ORDER:
This petition is filed to quash orders dated 27-08-2012 in CRP.No.58/2011 on the file of VI Additional District & Sessions Judge, Markapur whereunder orders dated 31-10- 2011 in M.C.No.4/2009 on the file of Additional Judicial Magistrate of First Class, Giddalur was confirmed.
2. Heard Advocate for petitioner.
3. Advocate for petitioner submitted that petitioner is a Police Constable and he was drawing only a salary of Rs.6,000/- and the trial Court granted Rs.1,500/- to the wife and Rs.1,000/- each to the children totaling to an amount of Rs.3,500/- and the same is on higher side. He submitted that the trial Court and Revisional Court have not properly considered the material on record.
4. I have perused the material papers filed along with the quash petition. Trial Court, after examining four witnesses on behalf of wife and one witness on behalf of husband and also taking into consideration his gross salary of Rs.14,666/- and taking his net salary as Rs.10,000/- as on the date of the order i.e., in the year 2011, fixed the above quantum of Rs.3,500/- to all the respondents 2 to 4 herein leaving an amount of Rs.6,500/- to the petitioner herein for his survival. Both trial Court and Sessions Court considered the evidence of P.Ws.1 to 4 and the earnings of the petitioner in fixing the quantum. I do not find any wrong appreciation of evidence either by the trial Court or by the revisional Court. In fact the revisional Court observed that the trial Court has ignored voluntary deductions of the respondents, which are not to be taken into consideration and while fixing the quantum only statutory deductions under Section 60 CPC alone were considered, which is upheld by the revisional Court. As per record an amount of Rs.10,631/- is the net salary of the petitioner herein and out of that only Rs.3,500/- is granted to all the respondents-2 to 4 herein. In the present hard days, it is highly difficult for three persons to live with that of Rs.3,500/-, therefore, I feel that both trial Court and revisional Court have rightly fixed the quantum of and I do not find any grounds to interfere with the concurrent findings, therefore, the petition is liable to be dismissed as devoid of merits.
4. Accordingly, the Criminal Petition is dismissed as devoid of merits.
5. As a sequel, miscellaneous petitions, if any, pending in this Criminal Petition, shall stand dismissed.
JUSTICE S. RAVI KUMAR
Date:28.07.2014 mrb