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2025 DAILYLAW 10186 (AP)

KAKARALA PRASANTH v. KODALI TRIPURA SAI

CRLP/2898/2025 · 2025-03-19

Harinath N

body2025

Judgment text

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APHC010115312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2898/2025 Between: Kakarala Prasanth ...PETITIONER/ACCUSED AND Kodali Tripura Sai and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. PHANI VISWANATH CHALLA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2898 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner. 2. The petitioner is challenging the order, dated 13.08.2024, passed in I.A. No.577 of 2024 in M.C. No. 80 of 2023 on the file of the Family Court- cum-VI Additional District & Sessions Judge, Nellore. 3. The learned counsel for the petitioner submits that the counter filed by the petitioner was not considered.The petitioner filed an E-courts web page of the docket proceedings, dated 13.08.2024, pertaining to M.C. No.80 of 2023 on the file of Family Court-cum-VI Additional District & Sessions Judge, Nellore, wherein the learned Judge recorded that ‘both parties were present. I.A. is allowed. Two I.As. filed along with the counter, check and put up.’ 4. The learned counsel further submits that the petitioner filed a counter on 13.08.2024. On the date when the counter was submitted, the Court passed the order without considering the contentions submitted in the counter. 5. The application seeking interim maintenance was filed by respondents 1 and 2 on 02.06.2023. The petitioner took more than one year two months time to file a counter in the I.A. seeking maintenance and hence, the submissions of the learned counsel for the petitioner that the counter was not considered by the trail court cannot be appreciated. The interim order granting interim maintenance of Rs.20,000/- to the petitioners is only an interim measure pending the maintenance case. 6. Considering the interim nature of the impugned order, this Court is not inclined to interfere with the said order, and accordingly, the criminal petition is dismissed. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.19.03.2025 BV