S.Syed Basha v. Shaik Sabeera

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.5484 OF 2015 ORDER:

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C seeking to quash the order dated 20.05.2015 in Crl.M.P.No.1257 of 2013 in M.C.No.19 of 2010 passed by the Judicial Magistrate of First Class, Penukonda, Anantapuram District.

Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State/ respondent No.3.

The above said M.C. was filed by respondents 1 and 2 seeking maintenance and the learned Magistrate awarded maintenance @ Rs.2,500/- and Rs.1,500/- to respondents and 2, respectively.

Later Crl.M.P.No.1257 of 2013 is filed seeking arrears of maintenance. The learned Magistrate issued N.B.W against the petitioner, as he did not attend the Court on 20.05.2015, though he filed petition for his absence. In view of the above, this criminal petition is disposed directing the petitioner to appear before the learned Magistrate and file an application and the Magistrate shall consider the same by recalling the warrant without

taking him into custody and permit to file any counter in the enquiry regarding the default in payment of the maintenance amount and decide the same within 15 days after the said recall of warrant.

Accordingly, this criminal petition is disposed of. Miscellaneous petitions pending if any, shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date: 29-06-2015 pab