IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH MONDAY THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2830 OF 2012 Between:
Mohammed Mazaruddin … Petitioner/Accused V/s.
Mohammed Mehar Sultana & Ors.… Respondents/Complainant Counsel for Petitioner : Sri S.M. Subhani Counsel for Respondents : None appear for R-1 & R-2 Public Prosecutor for R3 The court made the following: [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2830 OF 2012 O R D E R :
This Criminal Petition is filed to quash orders dated 19/01/2012 in CRP.No. 73 of 20111 on the file of II-Additional District Judge, Guntur whereunder order dated 16/08/2011 in MC.No. 16 of 2010 on the file of V-Additional Junior Civil Judge, Guntur, is confirmed.
2. Heard Advocate for Petitioner.
3. Advocate for petitioner submitted that trial court granted maintenance to the first respondent herein i.e., petitioner in the maintenance case till she is not re-married and as the first respondent is now remarried, proceedings are to be quashed.
4. As per Section 127 Cr.P.C. this ground has to be urged before trial court for modification and that cannot be a ground to quash proceedings. Therefore, this Criminal Petition is disposed of giving liberty to the petitioner to approach the court below and urge this ground and that trial court shall consider the same and decide the same on merits without being influenced by disposal of this criminal petition.
5. With the above observation, this Criminal Petition is disposed of.
6. As a sequel, miscellaneous petition if any, pending in this Criminal Petition shall stand closed.
JUSTICE S. RAVI KUMAR .
08/09/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO. 2830 OF 2012 Circulation No.11 Date: 08/09/2014 Court Master : I s L Computer No. 43