APHC010557392023 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: 998/2023 Between: 1. K RAVI, S/O K. VENKATESWARULU, HINDU, AGED ABOUT 32 YEARS, WORKING AS ASST. MANAGER IN SBI, R/O.H.NO.18-182- 11, KONDAPETA, NEAR SRINIVASA SCHOOL, KODUMUR, KURNOOL DISTRICT, A.P, CURRENTLY R/O.H.NO.1495, GDA LAYOUT, BEHIND GURU CLINIC, NAGANAHALLI-585102. RING ROAD, KALABURAGI (GULBARGA), KARNATAKA. ...PETITIONER AND 1. K SUMA ALIAS M VANITHA, W/O K. RAVI, D/O M. SOMASHEKHAR, HINDU, AGED ABOUT 29 YEARS, HOME-MAKER, R/O.H.NO.81-168- 2, SRI RAMACHANDRA NAGAR, OPP REGISTRAR OFFICE, KURNOOL, KURNOOL DISTRICT, A.P 2. CHUBBY, D/O K.RAVI, AGED 9 MONTHS, MINOR, REPRESENTED BY HER MOTHER, RESPONDENT NO.1 AS NATURAL GUARDIAN C/O.SUMA ALIAS M. VANITHA, W/O K. RAVI, D/O M. SOMASHEKHAR, R/O.H.NO.81-168-2, SRI RAMACHANDRA NAGAR, OPP REGISTRAR OFFICE, KURNOOL, KURNOOL DISTRICT, A.P 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P, NELAPADU, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 dt. 20.09.2022 passed in Crl.M.P.No. 126 of 2021 in FCMC. 58/2021 on the file of the Hon'ble 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 the delay of 309 days in filing the above mentioned Criminal Revision Case and 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 stay all further proceedings pursuant to the Impugned order dt. 20.09.2022 passed in Crl.M.P.No. 126 of 2021 in FCMC.58 of 2021 on the file of the Honourable Judge, Family Court-Cum-IV Additional District and Sessions Judge, Kurnool and pass Counsel for the Petitioner: 1. ELEVATED AS JUDGE Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) 2. The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 998/2023 & I.A.No.1 of 2023 COMMON ORDER: The present Criminal Revision Case has been filed under Section 438 and 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the Order dated 20.09.2022 passed by the learned Family Court-cum-VI Additional District & Sessions Judge, Kurnool in Crl.M.P.No.126 of 2021 in FCMC No.58 of 2021, granting interim maintenance of Rs.10,000/- to the 1st petitioner and Rs.5000/- to the 2nd petitioner. 2. Heard Sri S. V. S. S. Siva Ram, learned counsel on behalf the revision petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor takes notice on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is the husband of the respondent No.1 and father of respondent No.2, against whom, a case in FCMC No.58 of 2021 has been filed by the respondent No1 seeking maintenance. It is further submitted 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 as above. 4. The petitioner also filed I.A.No.1 of 2023 seeking to condone delay of 309 days in filing the Criminal Revision Case. However, there are no proper grounds to condone the delay. 4 5. Considering the submissions made, on perusal of the material on record and the impugned order, it is only interim maintenance which was granted to the wife @ Rs.10000/- per month and Rs.5000/- per month to the child who is 9 months old. The petitioner herein who is husband is working as Bank Manager in State Bank of India. This is a purely interim maintenance and whatever grounds raised by the petitioner in this revision can be urged in the main case during the course of enquiry before the trial Court. 6. Further, 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. 7. In view of the aforementioned premises, since there are no grounds to entertain revision against the impugned Order, this Criminal Revision Case is dismissed as well as I.A.No.1 of 2023 is dismissed. However, the trial Court is directed to dispose of the main case as expeditiously as possible preferably within a period of two (2) months from the date of receipt of copy of this order without being influenced by any observations made by this Court while deciding this revision. 5 Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.02.2026. ARB 6 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 998/2023 & I.A.No.1 of 2023 Dt.25.02.2026 ARB