IN THE HIGH COURT OF JUDICATURE AT HYDERABD FOR THE STATE OF TELANGANA AND STATE OF ANDHRA PRADESH WEDNESDAY THE SIXTEENTH DAY OF JULY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO.7589 OF 2012 Between:
Nalisetty Srinivasulu … Petitioner/Respondent V/s.
The State of Andhra Pradesh Represented by Public Prosecutor High Court of Andhra Pradesh Hyderabad & Ors. … Respondents/Complainant Counsel for Petitioner : Sri Harinath Redy Soma Counsel for Respondents : Public Prosecutor for R-1 Sri G.Venkateswarlu for R2 to R4 The court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO.7589 OF 2012 O R D E R :
This Criminal Petition is filed to quash orders dated 22/08/2012 in Criminal Revision Petition No. 32 of 2012 on the file of IV-Additional District and Sessions Judge, Nellore, whereunder orders dated 17/02/2012 in MC.No. 5 of 2005 on the file of Judicial Magistrate of First Class, Atmakur, Nellore district, are confirmed.
2. None appeared for the petitioner.
3. This matter came up on 30/10/2012, on that day also none appeared for the petitioner, therefore, the matter is directed to be posted under the caption of dismissal on 31/10/2012 but the Registry listed the matter today.
4. Today also, there was no representation till 03:15 p.m. Advocate for respondents 2 to 4 submitted that trial court granted maintenance after considering the evidence of witnesses examined on behalf of both parties besides documents, and the said order is confirmed by the IV-Additional District Judge in Revision.
5. I have perused the material papers and the order of Magistrate in MC.No. 5 of 2005. The learned Magistrate after considering the evidence of PWs 1 and 2 and documents Exs.P-1 to P8 on behalf of wife and the evidence of RWs 1 to 5 and documents Exs.R-1 to R-8 on behalf of husband, granted monthly maintenance of Rs.3,000=00 [Rs. Three Thousand only] to the wife and children from the date of filing of petition and the same is confirmed by the District Judge. I do not find any wrong or incorrect findings in the orders of both the courts. The main contention raised in this criminal petition is that both courts have granted maintenance without verifying material on record but the same is not correct, therefore, this Criminal Petition is dismissed, as devoid of merits.
JUSTICE S. RAVI KUMAR .
16/07/2014
I s L
HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL PETITION NO.7589 OF 2012 Circulation No.59 Date: 16 /07/2014 Court Master : I s L Computer No. 43