1 APHC010079272021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1277/2021 Between: 1. BINGI MALYADARI, S/O.MALLAIAH, AGED ABOUT 52 YRS, R/O.K.A.PALLI VIA BOTIAGUDURA PAMURU MANDAL, PRAKSAM DISTRICT. ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. BINGI ANAPURANA, W/O BINGI MALYADARI D/O.RAGALAPATI RAMAIAH, AGED ABOUT 45 YRS, R/O AT ALLUR VILLAGE, ALLUR AANDAL, SPSR NELLOR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court to quash the order dated 09.11.2020 passed in CrI.M.P. No.161 of 2020 In M.C.No. 40 of 2014 on the file of Spl. Judicial Magistrate of First Class, Kovur, S.P.S.R Nellor District and pass IA NO: 1 OF 2021 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to grant stay of operation of order dated 09.11.2020 passed in CrI.M.P. No.161 of 2020 In M.C.No. 40 of 2014 on the 2 file of Spl. Judicial Magistrate of First Class, Kovur, S.P.S.R Nellor District, pending disposal of the main Criminal Petition and pass IA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to receive the document i.e., Attachment Order being filed herewith in Crl.P.No. 1277 of 2021 in the interest of justice and to pass Counsel for the Petitioner/accused: 1. SUBBA RAO JANDHYAM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. NIMMAGADDA REVATHI 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1277/2021 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/respondent, seeking quashment of the order dated 09.11.2020 passed by the Special Judicial Magistrate of First Class, Kovvur, SPSR Nellore District in Crl.M.P.No.161 of 2020 in M.C.No.40 of 2014. 2. Heard Sri Subba Rao Jandhyam, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the respondent No.2 filed a petition under Section 128 of Cr.P.C., in Crl.M.P.No.161 of 2020 in M.C.No.40 of 2014, seeking to direct the petitioner herein to pay the arrears of maintenance amount of Rs.8,30,000/-. The learned Trial Judge, directed attachment of the petitioner’s salary to the extent of Rs. 8,30,000/- and ordered remittance in monthly installments of Rs. 20,000/- starting from the pay bill of November 2020. He would further submit that petitioner had filed a revision petition challenging the Order passed in M.C.No. 40 of 2014. However, the learned Magistrate, without considering the pendency of the revision petition, proceeded to pass the Order for attachment of the 4 petitioner’s salary. Learned counsel for the petitioner finally prays to allow the petition. 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that the Court may pass appropriate orders. 5. Considering the submissions made and a fair look at the material on record and the impugned order, as can be seen from the impugned order, learned Magistrate, while passing the impugned order, observed that the petitioner is due, to retire from service within a short period. Consequently, the learned Magistrate directed attachment of the petitioner’s salary to the extent of Rs.8,30,000/- and ordered its remittance in monthly installments of Rs. 20,000/- commencing from the pay bill of November 2020. This Court does not find anything warranting the interference of this Court while exercising the jurisdiction under Section 482 of the Code of Criminal Procedure. The Criminal Petition is devoid of any merit. 6. In that view, the Criminal Petition is dismissed. However, learned Trial Judge is directed to proceed with the matter and take appropriate steps for collection of arrears of maintenance which is due to the respondent No.2. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.07.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1277/2021 Dated.25.07.2025 UPS 274