APHC010207842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 350/2023 Between: 1. SMT. GUNNA SUBBAMMA, W/O GUNNA NARAYANA, AGED ABOUT 56 YEARS, OCC. HOUSE WIFE, RESIDENT OF D.NO.5-19, BABU COLONY ROAD, MADANAPALLI TOWN AND MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. D NARAYANA, S/O PEDDA KONDAPPA, AGED ABOUT 65 YEARS, OCC. RETIRED EMPLOYEE, RESIDENT OF D.NO.12A, PARADESIPALLI H/O MUDIVEDU, KURABALAKOTA MANDAL, ANNAMAYYA DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVTAHI ...RESPONDENT(S): Revision filed under Section 397/401 of CrPC praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to set aside the order passed in Crl. Rev. Petition No.11 of 2022 in Crl.M.P.No.159 of 2021, dated 03-04-2023 on the file of the Honourable II Additional District and Sessions Judge, Madanapalli, Annamayya District and pass IA NO: 1 OF 2023 2 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 to suspend the operation of the order passed in Crl.Rev.Petition No.11 of 2022 in Crl.M.P.No.159 of 2021, dated 03-04¬2023 on the file of the Honourable II Additional District and Sessions Judge, Madanapalli, Annamayya District filed against the order passed in Crl.M.P.No.159 of 2021 in M.C.No.14 of 2020, dated 23-03-2022 on the file.. of the Honourable II Additional Judicial Magistrate of First Class, Madanapalli, Annamayya District, pending disposal of the above Crl.R.C before this Honourable court and pass Counsel for the Petitioner: 1. REDDAPPA G Counsel for the Respondent(S): 1. P GANGA RAMI REDDY 2. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 350/2023 JUDGMENT: This Criminal Revision Case has been filed by the petitioner challenging the judgment passed in Crl.Rev.Petition No.11 of 2022 in Crl.M.P.No.159 of 2021 dated 03.04.2023 on the file of the learned II Additional District and Sessions Judge, Madanapalli, Annamayya District. 2. None represented on behalf of the petitioner. Petitioner called absent. Heard Mrs. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State and Sri K.Diwakar Reddy, learned counsel representing Sri P. Ganga Rami Reddy, learned counsel for the respondent No.1. Since this is a revision case, this Court would like to dispose of the matter on merits. This Court has gone through the material placed before this Court and the impugned order. 3. The petitioner herein is the wife. She has filed M.C.No.14 of 2020 on the file of the learned II Additional Junior Civil Judge Court, Madanapalle, wherein, an amount of Rs.8,000/- per month was granted towards interim maintenance to the petitioner herein, in Crl.M.P.No.159 of 2021 vide order dated 23.03.2022. Being aggrieved, the husband preferred revision in Crl.Rev.Petition No.11 of 2022 on the file of the learned II Additional District and Sessions Judge, Madanapalli, Annamayya District. Learned Judge 4 allowed the revision in part and the interim maintenance was reduced to Rs.5,000/- vide orders dated 03.04.2023 to the wife. Feeling dissatisfied and aggrieved for reduction of her maintenance to Rs.5,000/- from Rs.8,000/- per month, preferred this revision challenging the said order. 4. Learned counsel for the respondent No.1 would submit that the main case i.e., MC.No.14 of 2020 is still pending before the Court and coming up for enquiry on 17.03.2026. 5. As can be seen from the impugned order, the husband is a retired Bank Employee and getting pension. He is aged about 64 years. His monthly income is shown as Rs.21,000/-. He has to maintain his another wife by name Lakshmi Devi and one son, who are depending on him and another son is independent. Whereas, the revision petitioner herein, who is the wife does not possess any properties and it is her contention that her husband is getting pension @Rs.80,000/- per month and other income of Rs.10,00,000/- per annum. She has claimed interim maintenance @Rs.20,000/- and also Rs.25,000/- towards clothing, medical and legal expenses. Learned Judge without there being any justifiable reason reduced the interim maintenance from Rs.8,000/- to Rs.5,000/- and unnecessarily interfered with the reasonable order passed by the learned Trial Judge. The learned Trial Judge has exercised discretion judiciously after taking into consideration the facts and circumstances of the case, awarded the interim maintenance @ Rs.8,000/- per month. The truth or otherwise of the contention raised by both parties 5 before the Trial Court in Crl.M.P.No.159 of 2021 can only be decided after a full-fledged enquiry. At this juncture, without there being any warranting circumstances, simply on the ground that he is a retired employee getting pension @Rs.21,000/- per month, in absence of any such document placed before the Revisional Court, the interference in the impugned order while exercising the jurisdiction under revision is simply unwarranted. 6. In that view of the matter, this Criminal Revision Case is allowed. The impugned judgment dated 03.04.2023 in Crl.Rev.Petition No.11 of 2022 on the file of the learned II Additional District and Sessions Judge, Madanapalli, Annamayya District is hereby set aside. Both the parties are at liberty to raise all their contentions before the Trial Court during the course of the enquiry. Learned Trial Judge is directed to dispose of the matter and take an independent decision as expeditiously as possible preferably within a period of two (2) months from the date of receipt of copy of this judgment without being influenced by any observation made by this Court in this revision. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.02.2026. UPS 6 218 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 350/2023 Dt.25.02.2026 UPS