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APHC010746102011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0E0 0 TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1278 OF 2011 Revision filed under Section 397 & 401 of Cr.P.C. set aside the order dt. 06-5-2011 passed in Crl.MP.No.17/2011 in MCNo.14/1997 by the Judge, Family Court cum-Additional District Court, Ananthapur. Between: B. Kumar, S/o. Bala Sundaram, Age; 56 years, R/o Bantawala, Pedda Mangalore District, Karnataka State. ...Petitioner/Respondent AND
1. Smt. B. Vasanthamma, W/o. B.Kumar Age: 44 Years, R/o Old town, Ananthapur. ... Respondent/Petitioner
2. The State of AP through Inspector of Police, rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ...Respondent (A NO: 1 OF 2011(CRLRCMP 1824 OF 20111 Petition under Section 482 of Cr.P.C. 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 proceedings pursuant to the order dt. 06-05-2011 passed in CrI.MP.No.17/2011 in MCNo.14/1997 by the Judge, Family Court cum-Additional District Court, Ananthapur pending disposal of the Criminal Revision Case. Counsel for the Petitioner: SRI N. RANGA REDDY Counsel for the Respondent No.1: SRI SRI SAI SANJAY (LEGAL AID COUNSEL) Counsel for the Respondent No.2: PUBLIC PROSECUTOR The Court made the following ORDER:
APHC010746102011 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1278/2011 Between: B.KUMAR, S/0 BALA SUNDARAM R/0 BANTAWALA, PEDDA MANGALORE DISTRICT, KARNATAKA STATE. ...PETITIONER AND 1.SMT B VASANTHAMMA AND OTHERS, W/0 B.KUMAR R/0 OLD TOWN, ANANTHAPUR.
2.THE STATE OF AP THROUGH INSPECTOR OF POLICE, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP., HYDERABAD. ...RESPONDENT(S): Counsel for the Petitioner:
N RANGA REDDY Counsel for the Respondent(S):
SRI SAI SANJAY (LEGAL AID COUNSEL) PUBLIC PROSECUTOR ■ .*
2 Dr. YLR, J Crl.R.C.No.l278 of 2011 Dated 01.07.2025 The Court made the following:
ORDER: The Criminal Revision Case has been preferred under Sections 397 and 401 of Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C’) challenging the order dated 06.05.2011 passed in Crl.M.P.No.17 of 2011 in M.C.No.14 of 1997 on the file of the learned Judge, Family Court-Cum- Additional District and Court, Anantapur, whereby and whereunder the petitioner was directed to pay an amount of Rs.6,000/- from Rs.3,000/-.
2. The learned counsel for the petitioner, while reiterating the grounds of revision, submits that the learned Trial Court failed to take into consideration the financial constraints of the petitioner and passed an order enhancing the maintenance from Rs.3,000/- to Rs.6,000/-, and urged to set aside the impugned order.
3. On the other hand Mr. Sri Sai Sanjay, while supporting the order of the learned Trial Court submits that even though the amount granted is meager to maintain the respondent No.1 herself, she has been leading her life, and urged to dismiss the revision case.
4. Ms. P. Akila Naidu, the learned Assistant Public Prosecutor, also supports the order of the learned Trial Court, stating that the order was a well- considered one and urged to dismiss the revision case.
3 Dr. YLR, J Crl.R.C.No.l278 of 2011 Dated 01.07.2025 The relationship between the petitioner and respondent No.1 is incontrovertible. The petitioner earlier used to pay maintenance of Rs.500/- per month, which was later enhanced to Rs.800/- vide Crl.M.P.No.6235 of 2006, and subsequently further enhanced to Rs. 1,500/-. The instant Crl.M.P.No.17 of 2011 was filed seeking enhancement from Rs.1,500/- to Rs.8,000/-. Undoubtedly, the living standards of middle-class women have improved from the year 1997 to the date of passing of the instant order. The learned Trial Judge, taking into consideration the income of the petitioner, who is an employee, reasonably enhanced the maintenance to Rs.6,000/-. The
order does not suffer from any infirmity or any irregularity, and it has to be
5. sustained. In the result, the Criminal Revision Case is dismissed. There shall be no
6.
order as to costs. As a sequel. Miscellaneous petitions, if any pending, shall stand closed.
Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SEOnON OFFICER To,
1. The Judge, Family Court-cum-Additional District Court, Ananthapur. (with records if any) One CC to Sri. N. Ranga Reddy, Advocate [OPUC] One CC to Sri. Sri Sai Sanjay (Legal Aid Counsel) Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravati. [OUT] The Section Officer, Criminal Section, High Court of Andhra Pradesh. Two CD Copies
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6. Chp sree
HIGH COURT DATED:01/07/2025
ORDER CRLRC NO. 1278 OF 2011 * ?3 jui m - 9 ^ . Current Section ^ ^ DISMISSING THE CRIMINAL REVISION CASE