>4 H IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE O ♦ X PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 669 OF 2024 Between: Y Rajeswari, W/o Y.Krishtappa, Indian, Hindu, aged about 52 years House Wife, R/o. D.No. 28-5-715, LIG, A.P. Housing Board Colony Ananthapuramu City and District. ...Revision Petitioner/Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High court of Andhra Pradesh, Amaravati. 2. Y.Krishtappa, S/o Y.Kadapaa, Hindu, aged about 59 years. Working Head Master, Elementary School, Yarraguntia Village, Garladinne Mandal, Ananthapuramu District. as ...Respondent/Respondent Revision filed under Section 438 & 442 BNSS praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to may be pleased to allow the Criminal Revision Petition by setting aside the order dated 24.06.2024 passed in CrI.M.P. No. 152 of 2023 in F.C.O.P.No.125 of 2023 on the file of the Judge, Family Court-Cum-VII Additional District on the file of the '' 7 Judge, Family Court- Cum-VII Additional District and Sessions Court. Ananthapuram and allow the CrI.M.P. No. 152 of 2023 in F.C.O.P.No.125 of 2023 and to grant interim maintenance to the Revision Petitioner. lA NO: 1 OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondent to the interim maintenance of Rs.20,000/- to the Revision Petitioner disposal of the Criminal Revision Petition, and pass such pay pending lA NO: 2 OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further F.C.O.P.No.125 of 2023 on the file of the Judge, Family Court- Cum-VII Additional District and Sessions Court, Ananthapuram till the disposal of the Criminal Revision Petition and to pass such proceedings in Counsel for the Petitioner: SRI. S KRISHNA REDDY Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2 : RAVITEJA TALASELA The Court made the following: ORDER 4k 1 APHC010321982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL REVISION CASE NO: 669/2024 Between: Y Rajeswari ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.S KRISHNA REDDY Counsel for the Respondent(S): 1. RAVITEJA TALASEELA 2. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Revision Case, under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed on behalf of the petitioner praying the Court to set aside the order dated 24.6.2024 2 passed in Crl.M.P.No.152/2023 in F.C.O.P.No.125/2023 on the file of the Judge, Family Court-cum-VII Additional District Court, Ananthapuram and to allow the CrI.M.P.No. 152/2023 grant maintenance. and Sessions and to 2. F.C.O.P.No. 125/2023 was filed by the petitioner herein for grant of maintenance and CrI.M.P.No.152/2023 Section 125(2) Cr.P.C. to order the respondent therein was filed under to pay the interim maintenance of Rs.20,000/- per month to petitioner pending disposal of the main petition and Rs.25,000/- towards legal expenses. After hearing, learned Judge, Family Court, Ananthapuram dismissed the petition filed for granting interim maintenance amount and an amount of Rs. 10,000/ was awarded to the petitioner towards legal expenses. 3. Learned Judge, Family court, Ananthapuram dismissed said CrI.M.P. on the ground that it is the bounden duty of the petitioner to file assets and liabilities affidavit and the the same is mandatory as per the guidelines enunciated in the Judgment of the Hon’ble Supreme Court reported in between Rajnesh vs. Neha^ In the absence of assets and liabilities affidavit and in the absence of necessary ingredients which are essential under Section 125(2) (2021) 2 see 324 3 Cr.P.C., the petitioner is not entitled for maintenance and she is entitled for amount towards legal expenses and accordingly dismissed the said petition. Aggrieved by the same the present Revision has been preferred by the petitioner. Learned counsel appearing on behalf of the petitioner submits 4. that as on the relevant date of passing the said order, the petitioner was not able to produce the affidavit of assets and liabilities as per / \ / the guidelines enunciated in Rajnesh vs. Neha’s case. But subsequently the same has been filed before the jurisdictional Court. It is submitted that the petitioner has no means to maintain herself and she is entitled to interim maintenance. In view of the aforesaid facts and circumstances of the case, 5. this Court feels it appropriate that the petitioner be permitted to file a fresh Criminal M.P. in F.C.O.P.No.125/2023 on the file of the learned Judge, Family Court-cum-VII Additional District and Sessions Court, Ananthapuram with the disclosure affidavit and. the learned Judge is directed to dispose of the same in accordance with law by considering the disclosure affidavit, within a period of two (02) weeks from the date of filing of fresh CrI.M.P. in F.C.O.P.No. 125/2023. A. ' r 4 6. With the above observations, the Criminal Revision Case is disposed of. Miscellaneous petitions pending, if any,"shall stand closed. SD/- V DIWAKAR DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To, 1. The Judge, Family Court-Cum-VII Additional District and Sessions Court, Ananthapuramu. 2. One CC to Sri. S Krishna Reddy, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh.j 4. One CC to Sri. Raviteja Talasela, Advocate [OPUC] 5. Three CD Copies [OUT] PNM vna V , HIGH COURT 4 DATED:02/01/2025 ORDER amdh^ X 0 8 JAN 2025 CRLRC.No.669 of 2024 ^ . Current Section DISPOSING OF THE CRIMINAL REVISION CASE