IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4710 OF 2025 Between: Shaik Yunus, S/o Mastan, Aged 38 years, R/o D.No.5-6-180/1, Yellandu, Bhadradri Kothagudem District, Telangana ...PETITIONER/RESPONDENT AND 1. State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of AP. Amaravathi 2. Aayesha Mutahar, W/o Shaik Yunus, Aged 32 years. House Wife, R/o D.No.8-11-47, Narayana Swamy Street, Wynchipet, Vijayawada-1. ...RESPONDENTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings and to set aside the impugned order dated 07-04-2025 passed by the Learned Magistrate in CrI.MP No.180 of 2023 in FCOP No.1109 of 2022 (MC.no.1109 of 2022) on the file of the FAC XIV AddI District Judge Court at Vijayawada. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in CrI.Mp.No. 180 of 2023 in FCOP No. 1109 of 2022 (MC.No. 1109 of 2022) on the file of the FAC XIV AddI District Judge Court at Vijayawada and to set him free at liberty and an opportunity to put forth his case in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bilaal Ahmed Syed, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: 1 CRLP No.4710 of 2025 APHC010221022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] B WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4710/2025 Between: Shaik Yunus ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.BILAAL AHMED SYED Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP No.4710 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4710 OF 2025 ORDER: 1. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State. 2. The petitioner is aggrieved by the order, 07.04.2025, in CrI.M.P. No. 180 of 2023 in F.C.O.P. No.1109 of 2022 (M.C. No.1109 of 2022) on the file of the Court of FAC XIV Additional District Judge, at Vijayawada. 3. The petitioner is defaulted in the payment of the maintenance amount granted by the XIV Additional District Judge, Vijayawada. Consequently a non-bailable warrant was issued and executed through the Advocate- Commissioner on 07.04.2025. On the same day, the petitioner was produced before the Court. The petitioner submitted that he lacks the financial capacity to discharge the maintenance arrears and expressed his willingness to undergo imprisonment. 4. Considering the submissions, the learned XIV Additional District Judge recorded the default in payment amounting to Rs.90,000/- and sentenced the petitioner to simple imprisonment for one month or until the payment is made, whichever is earlier. The warrant was issued accordingly. 5. The present criminal petition challenges the said order. The learned counsel for the petitioner submits that the notice was served upon his 3 CRLP No.4710 of 2025 father and not upon him directly. As such, it cannot be considered proper service of notice. 6. As seen from the postal acknowledgment, the notice was sent to the correct address which was mentioned in the cause title. Hence, this Court cannot take a different view and the notice is said to have been served in proper and appropriate address and it is deemed to be served on the petitioner. 7. In view of the foregoing observation interfere with the impugned order and hence, liable to be dismissed. 8. Accbrdlng’ly. the criminal petition is dismissed. Qy'Miscfelfaneoiig petitions, if Stand closed. as this Court finds no grounds to the criminal petition is any, pending in this criminal petition shall Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The XIV Additional District Judge Vijayawada. ^ 2. One CC to Sri Bilaal Ahmed Syed, Advocate 4. Three CD Copies ■cum- Judge, Additional Family Court, [OPUC] High Court of Andhra Pradesh. Pmg TF HIGH COURT DATED:30/04/2025 ORDER -e ((* 'i-a 13 AUG 20?5 ?! CRLP.No.4710 of 2025 e». . Current Section . ^ DISMISSING THE CRLP