APHC010277982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 487/2023 Between: 1. N.NARENDRA REDDY, S/O. RAMALINGESWARA REDDY, AGED ABOUT 37 YEARS, HINDU, OCC BUSINESS, R/O. FLAT NO. 303, A- BLOCK, YELKUR BUNGLAWS, ULCHALA ROAD, KURNOOL TOWN AND DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. 2. NIHARIKA BOJANAPALLI GAYATHRI, W/O. N.NARENDRA REDDY, AGED ABOUT 25 YEARS, HINDU. 3. N SANJAY REDDY, S/O. N.NARENDRA REDDY, AGED ABOUT 7 YEARS, MINOR. 4. N OHITHA REDDY, D/O. N.NARENDRA REDDY, AGED ABOUT 5 YEARS, MINOR. PETITIONERS 3 AND 4 ARE REPRESENTED BY THEIR NATURAL MOTHER/GUARDIAN PETITIONER NO.2. NOW ALL PRESENTLY RESIDING AT H.NO. 4-212, WEST BC COLONY, GUDUR VILLAGE AND MANDAL, KURNOOL DISTRICT ...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 tobegs to present this 2 Memorandum of Criminal Revision Case, being aggrieved by the Order dt.14.02.2023 passed in Crl.M.P.No.79 of 2021 in F.C.M.C.No.31 of 2021 on the file of the Court of the Judge, Family Court Cum IV Additional District and Sessions Judge, Kurnool, IA NO: 1 OF 2023 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 condone a delay of )1 days in presenting Crl.R.C. before this Hon'ble Court against the orders dated 14.02.2023 passed in Crl.M.P.No.79 of 2021 in F.CM.C.No.31 of 2021 on the file of the Judge, Family Court-Cum- IV Additional District & Sessions Judge, Kurnool and to pass IA NO: 2 OF 2023 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 suspend the order dated 14.02.2023 passed in Crl.M.P.No.79 of 2021 in F.C.M.C.No.31 of 2021 on the file of the Court of the Judge, Family Court-Cum-IV Additional District & Sessions Judge, Kurnool, pending disposal of Cr.R.C. before this Hon'ble Court and to pass Counsel for the Petitioner: 1. C PRAKASH REDDY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. VENKAT REDDY KODUMURY The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 487/2023 ORDER: The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 14.02.2023 passed by the learned Family Court-cum-IV Additional District & Sessions Judge, Kurnool in Crl.M.P.No.79 of 2021 in FCMC.No.31 of 2021, granting interim maintenance of Rs.5000/- per month to the 2nd respondent and Rs.2500/- per month each to the respondent Nos.3 and 4 (minors) from the date of petition till disposal of the main case. 2. Heard Sri C. Prakash Reddy, learned counsel for the revision petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State/1st respondent. 3. Learned counsel for the petitioner would submit that the petitioner herein is the husband of the respondent No.2 and father of respondent Nos.3 and 4, against whom, a case in FCMC.No.31 of 2021has been filed by the respondent No.2 seeking maintenance. He would further submit that the learned Trial Judge without considering the financial constraints and statutory liabilities of the petitioner including his personal expenses, dependent family members and other unavoidable commitments, granted interim maintenance of Rs.5000/- per month to the 1st petitioner, Rs.2500/- per month each to the petitioners 2 and 3 (minors) from the date of petition till disposal of the main case. 4 4. Considering the submissions made, on perusal of the material on record and the impugned order, this Court, while exercising its revisional jurisdiction, does not sit as a Court of appeal. The scope of interference under revision is limited and is to be exercised only when there is a patent illegality, material irregularity, or perversity in the order passed by the Trial Court. Unless the findings recorded by the learned Trial Judge suffer from jurisdictional error or are manifestly erroneous, this Court cannot interfere with the order. On careful perusal of the impugned Order of the learned Trial Court, there are no material irregularities. There is no flagrant miscarriage of justice. No perverse findings. Hence, this criminal revision case is liable to be dismissed. 5. In view of the aforementioned premises, since there are no grounds to entertain revision against the impugned Order, this Criminal Revision Case is dismissed. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.02.2026. ARB 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 487/2023 Dt.25.02.2026 ARB