IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY THE TWENTYFOURTH DAY OF JANUARY TWO THOUSAND AND FOURTEEN PRESENT HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL REVISION CASE NO. 151 OF 2011 Between:
Ubbani Nagesh … Petitioner/Respondent V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of AP Hyderabad & Anr. … Respondent/Complainant Counsel for the Petitioner : Sri K. Durga Prasad Counsel for the Respondents : Public Prosecutor The Court made the following : [order follows] HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL REVISION CASE NO. 151 OF 2011 O R D E R :
This Criminal Revision Case is directed against order dt. 15/12/2010 in Crl.MP.No. 438 of 2010 in MC.No.28 of 2010 on the file of Judge, Family Court-cum-Additional District and Sessions Judge, Nalgonda district.
2. Heard both sides.
3. Notice is ordered to the second respondent before admission on 29/1/2011 and passed interim order suspending the order of the lower court on condition of the petitioner depositing the entire arrears calculating @ Rs.1000=00 per month within a period of six weeks and continue to pay maintenance at the same rate on or before 10th of every month.
4. On perusal of record, the Revision is preferred against interim order passed in MC.No. 28 of 2010. The learned Family Court Judge, Nalgonda granted interim maintenance of Rs.2000/- per month as a interim measure. The learned counsel for the Revision Petitioner is not in a position to inform the stage of maintenance case. Notice is not served on the second respondent, therefore there is no information even from other side as to the stage of the main maintenance case. Since the Revision is against the interim orders, which is not maintainable under section 397 (2) Cr.P.C., I feel that the Revision has to be dismissed with a direction to the court below to expedite the trial of M.C.No. 28 of 2010 if the same is not disposed off.
5. With the above observation, the Criminal Revision Case is dismissed.
JUSTICE S. RAVI KUMAR.
24/01/2014 I s L HONOURABLE SRI JUSTICE S. RAVI KUMAR CRIMINAL REVISION CASE NO. 151 OF 2011 Circulation No. 249 Date:24/01/2014 Court Master: I s L Computer No.43