TTN * ' I I# / IN THE HIGH COURT OF ANDHRA PRADESH :: FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT honourable dr justice SMT VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 8970 OF 9099 AMARAVATI PRATAPA Between: Tadi Siva Kumar, S/o Venkateswara Rao, Aged about 40 Indian Navy, Karwar of Karnataka State, Rio Perikeedu Mandal, Krishna District. years, Occ Chargemen in Vanthena, Bapulapadu ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by ifs Public Prosecutor High Court of Andhra Pradesh at Amaravathi. 2. Tadi Mohini Devi, W/o Siva Kumar, Aged about 31 years, Occ Housewife C/o. Amdarapu Venkateswara Rao, Rio Umamaheswarapuram village, H/o.Kondurupadu Panchayat, Bapulapadu village, Bapulapadu District. mandal, Krishna ...RESPONDENT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of pleased to stay all further Criminal Petition, the High Court proceedings in M.C.No.25/2016 on the file of the II Additional Judicial First Class Magistrate Nuzvid against the Petitioner. I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances of Criminal Petition, the High Court proceedings in M.C.No.25/2016 on the file of II Additional Judicial First Class Magistrate: Nuzvid against the Petitioner. Stated in the Memorandum of Grounds may be pleased to stay all further \ V, This Petition coming on for hearing upon perusing the Memorandum Grounds of Criminal Petition of and upon hearing the K.V.Aditya Chowdary, Advocate for the Petitioner arguments of Sri and the Public Prosecutor on behalf of the Respondent No.1 and of none appeared for the Respondent No.2. The Court made the following: ORDER 1 Jf APHC010611142022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8970/2022 Between: Tadi Kumar ...PETITIONER/ACCUSED The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: l.K V ADIPfACHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) AND The Court made the following: ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") has been filed, by the Petitioner/Respondent, seeking to quash the Docket Order dated 04.11.2020 in Crl.M.P.No.2029 of 2022 in M.C.No.25 of 2016 on the file of the Court of II Additional Judicial Magistrate of First Class, Nuzivid. 2. Heard Sri K.V.Aditya Chowdary, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No. 1/State. Perused the material on record. 3. Learned counsel for the Petitioner would submit that the Petitioner and respondent No.2 are husband and wife respectively. Respondent No.2 filed MC No.25 of 2016 on the file of the Court of II Additional Judicial Magistrate of First Class, Nuzivid seeking maintenance 2 and in that MC, Petitioner/Respondent filed Crl.M.P.No.2029 of 2022 seeking to condone the delay in filing documents and receive the same on file and mark them on his behalf. Learned counsel would submit that the Learned Magistrate by Docket Order dated 04.11.2022 passed a conditional Order and allowed the said Petition. Petitioner is directed to costs of Rs.25,000/- to respondent/wife. Learned counsel would further submit that respondent No.2/wife filed counter with a view to drag on the matter. Imposing such huge costs in a receive document petition in this type of MC cases is not necessary which is erroneous and arbitrary and is liable to be set aside. 4. On the other hand, learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. As can be seen from the record, MC is of the year 2016 and by the time of Crl.M.P.No.2029 of 2022 by the Petitioner/Husband, MC is pending since long time. While allowing the said petition. Learned Magistrate has exercised the discretion and imposed costs of Rs.25,000/- observing that it may cause further delay in disposal of the case. 6. At the time of hearing, learned counsel for the Petitioner would submit that during pendency of this Criminal Petition, the main MC was disposed of on 27.01.2023 and therefore, the cause does not survive in pay this Criminal Petition. % 3 V 7. Recording the submission, the Criminal Petition is dismissed as infructuous. Pending applications, if any, shall stand closed. Sd/-K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The II Additional Judicial First Class, Nuzvid 2. One CC to Sri K.V. Aditya Chowdary, Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of A.P. (OUT) 4. Three CD Copies GLM ns H H 4! 4^ 4 V HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CrI.P.No. 8970 of 2022 03.01.2025 I MjH * 1 n HIGH COURT DATED:03/01/2025 ORDER CRLP.No.8970 of 2022 DISMISSING THE CRL.P. AS INFRUCTUOUS.