Syed Mudassar Nazar v. State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.387 OF 2014 ORDER:

This Criminal Revision Case is filed by the petitioner challenging the order of the II Additional Metropolitan Sessions Judge, Hyderabad dated 30.01.2014 whereby the learned Judge dismissed Crl.A.No.919 of 2013 confirming the order dated 1.11.2013 passed by III Metropolitan Magistrate, Hyderabad in Crl.M.P.No.617 of 2013 in DVC No.45 of 2013 directing the petitioner herein to pay interim maintenance of Rs.4,000/- per month to the respondents 2 and 3 i.e. wife and son, from the date of the petition.

Heard and perused the material on record.

This Court is not inclined to interfere with the concurrent findings arrived by the trial Court and the lower appellate Court. However, considering the facts and circumstances of the case and in view of the submission of learned counsel for the petitioner that the petitioner is ready to deposit half of the arrears of amount accumulated from the date of order of the trial Court, the petitioner is hereby directed to pay 50% of the arrears accumulated till date to the respondents 2 and 3 in three monthly equal instalments commencing from July, 2016. He is further directed to continue to pay half of the monthly maintenance amount fixed by the trial Court on or before 10th of every succeeding month till the disposal of the DVC. The trial Court is also directed to dispose of the DVC as expeditiously as possible more preferably within a period of three months from the date of receipt of a copy of this order. It is made clear that if the petitioner fails to deposit the arrears of amount as directed by this Court, the

impugned order will come into operation and the trial Court is at liberty to proceed against the petitioner in accordance with law. The Criminal Revision Case is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 01.06.2016 Tsr