APHC010610762023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1136/2023 Between: 1. MADDALI LAKSHMI PRIYA, W/O KASTURI VENKATA SHIVA SWAROOP, HINDU, FEMALE, AGED ABOUT 37 YEARS, OCC HOUSE WIFE, R/O BALAJI MANIKANTA NIVAS, P.NO.211, VASAVI NAGAR-2, BUCHIREDDY PALEM POST AND MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH. 2. MADDALI KASTURI VENKATA SHIVA SWAROOP, S/O M.V KRISHNAMURTHY, HINDU, MALE, AGED ABOUT 38 YEARS, OCC SOFTWARE ENGINEER, R/O D.NO 27-5-185, SAI RAM RESIDENCY, OPP THYAGARAJA KALYANA MANDAPAM, BALAJI NAGAR, NELLORE CITY, SPSR NELLORE DISTRICT, ANDHRA PRADESH-524002. ...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 tomay be pleased to enhance the maintenance order dated 09.10.2023 passed in M.C No. 59 of 2018 on the file of the court of the FAMILY COURT-CUM-VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT NELLORE by allowing the Revision with costs by awarding maintenance as claimed for of Rs.50,000/- per month to the Revision petitioner 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 may be pleased to dispense with filing of the certified copies of the Maintenance Petition in M.C No.59 of 2018 and Order Copy dated 09.10.2023, till the disposal of the Criminal Revision Petition in the interest of the justice 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 may be pleased to Grant the Interim maintenance in order dated 09.10.2023 passed in M.C No. 59 of 2018 on the file of the court of the FAMILY COURT-CUM-VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, AT NELLORE pending disposal of the above Criminal Revision Case IA NO: 1 OF 2024 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 direct the following persons/authorities to produce the documents mentioned below relating to “Maddali Kasturi Venkata Siva Swaroop- Aadhar Card#975022149318 & PAN# BHMPM1797C” to this Hon’ble Court: HR Manager, BA CONTINUUM INDIA PVT LTD, BLDG N0.5MIND SPACE - RAHEJA I.T PARK, HITECH CITY, MADHAPUR, HYDERABAD- 500081 - Appointment Letter, Pay slips. Yearly Increment Letters, Salay Bank Account Details - From the date of appointment to till now. 1. Addl. Central Provident Fund Commissioner, Regional Office, #4, Bhavishyanidhi Bhawan 3, 763, Barkatpura Rd, Barkatpura, Narayanguda, Hyderabad, Telangana 500027 - Date of Opening PF Account, Emlpoyee Provident Fund Account Details from the date of it’s opening to till now. * 11. iii. Assistant Commissioner of Income Tax Office, Nellore Range, Upstairs, of More Super Market, 0pp. Children’s Park, Nellore, SPS Nellore District, Andhra Pradesh - Income Tax Returns, Income and Tax Deduction Details available from the date of issue to till now. pending disposal of the above Criminal Revision Case and to pass Counsel for the Petitioner: 1. VENKATA MOHAN RAO PATHAKOTA Counsel for the Respondent(S): 1. V ESWARAIAH CHOWDARY 2. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1136 of 2023 ORDER: This Criminal Revision Case has been filed under Sections 397 and 401 of Criminal Procedure Code, 1973 questioning the order dated 09.10.2023 passed in M.C.No.59 of 2018 on the file of Judge, Family Court-cum-VI Additional District and Sessions Judge, Nellore. 2. Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor for the State and the learned counsel for the respondent No.2. 3. The learned counsel on both sides submit that they have to produce some evidence, hence, the matter may be remanded to trial Court. 4. Considering the submissions made by the learned counsel on both sides, the impugned order dated 09.10.2023 passed in M.C.No.59 of 2018 on the file of Judge, Family Court-cum-VI Additional District and Sessions Judge, Nellore is set aside and the matter is remanded back to the Trial Court for fresh consideration. The learned trial Judge may give the opportunity to both parties to submit any further evidence, which were not there in the record and take appropriate decision according to law. 5. Accordingly, the Criminal Revision Case is disposed of. No order as to costs. 4 Consequently, miscellaneous applications pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.01.2026. sj 5 204 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 1136/2023 Dt.29.01.2026 sj