APHC010088422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 205/2026 Between: 1. SUDABATHULA ANJANI PAVAN KRISHNA, REP. BY HIS GPA HOLDER S. PADMAVATHI S/O. NAGA SAI KRISHNA, AGED ABOUT 31 YEARS, EMPLOYEE, R/O. D.NO.13-20-33,NALLAMVARITHOTA, GUNUPUDI, BHIMAVARAM, WEST GODAVARI DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. (S.H.O. KARAPA POLICE STATION) 2. SUDABATHULA PADALA SRI SATYA, W/O. SUDABATHULA ANJANI PAVAN KRISHNA AGED ABOUT 24 YEARS,HOUSEWIFE, R/O. D.NO.3-56 VEMULAWADA, KARAPA MANDAL,KAKINADA DISTRICT, A.P ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the CriminalRevisionCase, the High Court may be pleased topleased to set aside the impugned order dated 12-01-2026 passed in Crl.M.P.No.2351 of 2025 in M.C.No.18 of 2024, on the file of the Hon'ble Special Judicial First Class Magistrate for Proh. & Excise- cum-VII Addl. Junior Civil Judge, Kakinada, by dismissing the Crl.M.P.No.2351 of 2025, IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to set STAY all further proceedings in pursuant to the impugned ordersdated 12.01.2026 passed in Crl.M.P.No.2351 of 2025 in M.C.No.18 of 2024, on the file of learned Special Judicial First Class Magistrate for Proh. & Excise-cum-VII Addl. Junior Civil Judge, Kakinada, pending the above Criminal Revision Case, Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 205/2026 ORDER: This Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside the order dated 12.01.2026 passed in Crl.M.P.No.2351 of 2025 in M.C.No.18 of 2024 on the file of the learned Special Judicial First Class Magistrate for Prohibition & Excise – cum – VII Additional Junior Civil Judge, Kakinada, whereby the learned Magistrate granted interim maintenance of Rs.10,000/- per month to the wife of the petitioner. 2. Heard Sri Bhanu Kumar, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State. 3. The case of the petitioner is that the petitioner herein is the husband of the second respondent. The second respondent/wife filed M.C.No.18 of 2024 before the learned Special Judicial First Class Magistrate for Prohibition & Excise – cum – VII Additional Junior Civil Judge, Kakinada seeking maintenance. Pending the said maintenance case, the second respondent filed Crl.M.P.No.2351 of 2025 seeking interim maintenance. After hearing both sides, the learned Magistrate by order dated 12.01.2026 allowed the petition and granted Rs.10,000/- per month towards interim maintenance to the wife. Aggrieved by the said order, the petitioner/husband preferred the present Criminal Revision Case contending that the order passed by the learned Magistrate is unsustainable in law and on facts. 4. The learned counsel for the petitioner would submit that the trial Court failed to properly appreciate the facts and circumstances of the case. He would further submit that the petitioner disputes the allegations made by the second respondent. The order granting interim maintenance was passed without conducting a detailed enquiry into the financial status and other relevant aspects. Therefore, the impugned order warrants interference by this Court in exercise of revisional jurisdiction. 5. Ms.K.Priayanka Lakshmi, learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 6. Considering the submissions made and on a perusal of the material available on record, the impugned order would disclose that the learned Magistrate has considered the pleadings and submissions of both parties before granting interim maintenance. The order reflects application of mind and reasons assigned for granting the said amount. 7. In the present case, there appear to be serious disputes between the parties, which can only be adjudicated upon after recording evidence in the main maintenance case. The issues raised by the petitioner require detailed enquiry and appreciation of evidence, which cannot be undertaken in a revision at this preliminary stage. Further, it is not in dispute that the petitioner is employed as a software professional working in the United States of America, and therefore the grant of Rs.10,000/- per month towards interim maintenance cannot be said to be excessive or unreasonable. This Court is of the considered opinion that the learned Magistrate has rightly exercised his judicial discretion while granting interim maintenance to the second respondent. This Court does not find any illegality, irregularity, or impropriety in the impugned order warranting interference. In the result this Criminal Revision Case is dismissed. However, the petitioner is at liberty to raise all his contentions before the trial Court during the course of enquiry in M.C.No.18 of 2024. The learned trial Judge shall consider all such contentions on their own merits and pass appropriate orders in accordance with law. The learned trial Court is also directed to dispose of M.C.No.18 of 2024 as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Without any observation made by this Court. As a sequel, miscellaneous petitions, if any pending, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 27.02.2026 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.R.C.No.205/2026 Dated 27.02.2026 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL REVISION CASE NO: 205/2026 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 27.02.2026 Dr.VJP,J The Criminal Revision Case is dismissed. (vide common order) ________ Dr.VJP,J KKV