Sukka Mahender Nath, v. Sukka Pavani Lakshmi,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1828 of 2012 ORDER:

The petitioner preferred the present Criminal Revision Case by invoking the provisions under Section 397 and 401 of the Code of Criminal Procedure being aggrieved by the order, dated 09.07.2012, passed in M.C. No.31 of 2007 by the IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, whereby the learned Sessions Judge partly allowed the MC, directing the petitioner to pay an amount of Rs.2,500/- p.m., to the 1st respondent and Rs.1,500/- p.m. to the 2nd respondent towards monthly maintenance.

On 05.10.2012, while ordering notice before admission, this Court directed the petitioner to take personal notice on respondents 1 and 2, and to file proof of service. A perusal of the record discloses that the petitioner has not taken any steps to serve notice on respondents 1 and 2 and he has not filed any proof of service also. When the matter came for hearing on 14.07.2016, there was no representation on behalf of the petitioner. Hence, the matter was directed to be posted on 18.07.2016 under the caption 'for dismissal.' Though the matter is listed under the caption 'for dismissal', there is no representation on behalf of the petitioner even today also. Hence, in view of the non-appearance of the petitioner and also in view of failure on his part to take personal notice on respondents 1 and 2, as directed by this Court, this the Criminal Revision Case is dismissed for non-prosecution. Miscellaneous applications, pending if any, shall stand closed.

_______________ RAJA ELANGO, J July 19, 2016.

KTL