APHC010357182023 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: 649/2023 Between: 1. ADDALA PRADEEP, S/O.PRABHUDASU, AGED ABOUT 32 YEARS, R/O. MARRIVEEDU, YELESWARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. ADDALA DURGA VENI, W/O.PRADEEP, AGED ABOUT 29 YEARS, D/O.TADI SATYANARAYANA, D.NO.10-145/1, ALLAVARAM PALAM, ALLAVARAM MANDAL, EAST GODAVARI DISTRICT. 2. UNNAMED BOY, S/O.PRADEEP, AGED ABOUT 1 YEAR, R/O.D.NO.10-145/1, ALLAVARAM PALAM, ALLAVARAM MANDAL, EAST GODAVARI DISTRICT. (BEING REP.BY MOTHER/GUARDIAN I.E.. 1ST RESPONDENT ADDALA DURGA VENI) 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDINGS, AT VELAGAPUDI, AMARAVATH, GUNTUR 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 Criminal Revision Case, the High Court may be pleased to Call for the records of Order dated 13-06-2023 in Crl.M.P.No. 2589 of 2022 in M.C.No. 15 of 2021 on the file of the Court of the Additional Judicial First Class Magistrate at Amalapuram, East Godavari District, and set aside the same and pass 2 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 to suspend the operation of the Order dated 13-06-2023 in Crl.M.P.No. 2589 of 2022 in M.C.No. 15 of 2021 on the file of the Court of the Additional Judicial First Class Magistrate at Amalapuram, East Godavari District, pending disposal of the above criminal Revision and pass Counsel for the Petitioner: 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. V RAJA MANOHAR (SC FOR APSIDC) 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 649/2023 JUDGMENT: This Criminal Revision Case has been filed by the petitioner challenging the Order dated 13.06.2023 in Crl.M.P.No.2589 of 2022 in M.C.No.15 of 2021 on the file of the Court of the learned Additional Judicial First Class Magistrate at Amalapuram, East Godavari District. 2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, Sri V.Raja Manohar, learned counsel for the respondent Nos.1 & 2, and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. The petitioner herein is the husband of the respondent No.1. The respondent Nos. 1 and 2 are wife and son of the petitioner herein. The respondent Nos. 1 and 2 filed Crl.M.P.No.2589 of 2022 in MC.No.15 of 2021 seeking interim maintenance, wherein, the learned Trial Judge after taking into consideration the facts and circumstances, granted maintenance @ Rs.15,000/- per month to the wife and @ Rs.10,000/- per month to the minor son. Being aggrieved by the same, the petitioner preferred the present revision. 4 4. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court, vide order dated 31.07.2023, stayed the interim maintenance granted by the Trial Court on the condition that the petitioner shall pay maintenance at the rate of 50% of the maintenance amount awarded by the Trial Court per month, on or before the 10th day of every succeeding month. He would further submit that the petitioner has been complying with the condition imposed by the Coordinate Bench of this Court while granting stay of the interim maintenance awarded to the wife and child. Learned counsel for the petitioner would further submit that the main M.C. No.15 of 2021 on the file of the learned Additional Judicial First Class Magistrate, Amalapuram, is now coming up for arguments. He finally submits that the present revision may be disposed of by extending the same protection to the petitioner. 5. Learned counsel for the respondent Nos. 1 and 2 would submit that the Court may pass appropriate orders. 6. Considering the submissions made and upon perusal of the material placed on record, since the husband/petitioner has raised serious issues touching upon the entitlement of the wife to claim maintenance, it is apposite to dispose of the present revision by directing the Trial Court to dispose of the matter as expeditiously as possible. 5 7. In that view of the matter, this Criminal Revision Case is disposed of. However, the petitioner is directed to pay the monthly maintenance @50% of the maintenance amount granted by the trial Court per month on or before 10th of every succeeding month to the wife and child towards their interim maintenance till the disposal of the main case before the Trial Court. Learned Trial Judge is directed to dispose of the matter according to law as expeditiously as possible preferably within a period of two (2) months from the date of receipt of copy of this order. Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.02.2026. UPS 6 228 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 649/2023 Dt.25.02.2026 UPS