Yellapu Rama Krishna Rao, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1441 OF 2015 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the order dated 18.06.2015 passed in Crl.M.P.No.872 of 2014 in M.C.No.24 of 2014 on the file of the Family Court cum IV Additional District and Sessions Judge's Court at Vijayawada, whereby the learned Judge partly allowed the said miscellaneous petition directing the petitioner herein to make interim monthly allowance of Rs.3,000/- (Rupees three thousand only) to the second respondent herein. Heard and perused the material available on record. Learned counsel for the petitioner submitted that the petitioner is not in a position to pay an amount of Rs.3,000/- and that the grant of maintenance of Rs.

3,000/- is excessive in nature and as such, prays this Court to set aside the impugned order. Considering the facts and circumstances of the case, the criminal revision case is disposed with a direction that the petitioner shall pay an amount of Rs.1,500/- (Rupees one thousand five hundred only) per month as maintenance to the second respondent herein, till the disposal of the M.C.No.24 of 2014. The petitioner is also directed to pay entire arrears of maintenance calculating @ Rs.1,500/- per month on or before 30.09.2015. The Court below is directed to dispose of the M.C., within a period of four months. The Court below need not be influenced by this order and the Court below can pass appropriate orders on merits of the case. With the above directions, the Criminal Revision Case is disposed of.

Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 28.07.2015 pln