i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2725 OF 2022 Between: Kotte Narayana Reddy S/o. Rami Reddy aged about 60 years, Hindu Occ Pnlt ■ D No. 3-82B Mam Bazar, Bogalakatta Village Nagarur Post, Rayalachervu (via) yadiki Mandal Ananthapuramu District. ^ ...PETITIONER/REVISION PETITIONER AND Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi, Guntur District. ^ ^^otte Narayana Reddy Hindu, house wife, R/o P. Chintakuta Village, Allagadda Mandal, Kurnool District. ...RESPONDENT/COMPLAINANT praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the Criminal aside the order dated 19.01.2022 on the file of the V Additional District & Sessions Judge, Allagadda. Petition under Section 482 of Cr.P.C Petition by setting I.A. NO: 1 OF 2099 Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to suspend the operation of the order in dated 19.01.2022 passed in CrI. RP No. 4 of 2021 Additional District & Sessions Judge, Allagadda. praying that in the Petition, on the file of the V This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S. r f Krishna Reddy, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri P. Nagendra Reddy, Advocate for the Respondent No.2. The Court made the following ORDER: 1 APHC010107262022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2725/2022 Between: ...PETITIONER/ACCUSED Kotte Narayana Reddy AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.S KRISHNA REDDY Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR (AP) 2.P NAGENDRA REDDY The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2725/2022 ORDER; The instant petition under Section 482 of the Code of Criminal 1973 (in short, “Cr.P.C.”) has been filed by the Procedure Petitioner,aggrieved by the Judgment dated 19.01.2022 passed in CrI.R.P.No. 04 of 2021 on the file of V Additional District and Sessions Judge, Allagadda by confirming the order dated 20.12.2019 passed in Crl.M.P.No.1341 of 2018 in M.C.No.17 of 2006 on the file of the Court of Judicial Magistrate of First Class, Allagadda. Heard Sri S.Krishna Reddy, learned counsel for the petitionerand Ms. K. 2. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. None represented for the respondent No.2. Learned counsel for the petitioner would submit that initially an amount 3. of Rs.3,000/- was granted as maintenance to the respondent No.2 who is the wife of the petitioner. Thereafter, maintenance was enhanced to Rs. 4,000/- in the year 2017. Subsequently, on the application made by the respondent No.2, in Crl.M.P.No.1341 of 2018 in M.C.No.17 of 2006 on the file of the Court of Judicial Magistrate of First Class, Allagadda vide orders dated 20.12.2019 the maintenance was enhanced to Rs.15,000/- per month. Learned counsel would further submit that the petitioner is now retired and he is getting only pension and he could not pay such huge amount of maintenance. Learned counsel would further submit that being aggrieved by the order of 3 enhancement of maintenance, the petitioner approached the Sessions Court in Crl.R.P.No.04 of 2021 and it was dismissed confirming the order passed by the learned Trial Judge, vide orders dated 19.01.2022. Learned counsel would further submit that the maintenance which was granted to the respondent No.2 is a huge amount. Learned Assistant Public Prosecutor would submit that the Court may 4. pass appropriate Orders. Considering the submissions made and on a fair look at the impugned 5. orders, this Court is of the view that as on the date of passing the order in Crl.M.P.No.1341 of 2018 in M.C.No.17 of 2006, the gross salary of the petitioner was Rs.80,000/- and after all the deductions, he was getting Rs.60,000/- as net income. Learned Trial Judge having considered the Medical expenses of the petitioner and also his other obligations towards his mother, enhanced the maintenance from Rs.4,000/- to Rs.15,000/-. In that view, there is no force in his contention that the amount of maintenance enhance to the wife was high. The Impugned Orders do not brook any interference of this Court. Taking into consideration the submission of the petitioner that now he is retired and getting only pension, he could not pay Rs. 15,000/- towards maintenance, he is at liberty to work out his remedies according to law before the Trial Court. 4 6. With this Observation, the Criminal petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/-B.CHITTI JOSEPH ASSISTANT REGISTRAR / I?" ^ SECTION OFFICER //TRUE COPY// To, 1. The V Additional District & Sessions Judge, Allagadda. 2. The Judicial Magistrate of First Class, Allagadda. 3. One CC to SRI. S. KRISHNA REDDY Advocate [OPUC] 4. One CC to SRI. P. NAGENDRA REDDY, Advocate [OPUC] 5. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 6. Three CD Copies Chp w CHP HIGH COURT DATED:22/01/2025 ORDER OF ANO^ CRLP.No.2725 of 2022 g 15 FEB 2023 m 03 . Current Section ^ DISMISSING THE CRIMINAL PETITION WITHOUT COSTS