Pinjari Khasim v. The State Of A.P.

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.No.6053 of 2016

ORDER

This petition under Section 482 Cr.P.C. is filed by the petitioner seeking to set aside the order dated 16.04.2015 passed in M.C.No.8 of 2012 on the file of Judicial Magistrate of First Class, Nandikotkur, and as confirmed by the Principal Sessions Judge, Kurnool, in Crl.R.P.No.46 of 2015 dated 11.12.2015.

2. The second respondent-minor daughter represented by her maternal grand father filed M.C.No.8 of 2012 claiming maintenance of Rs.5,000/- per month from her father i.e., petitioner herein. After considering the evidence adduced and the documents marked, the trial Court allowed the said M.C. in part on 16.04.2015 directing the petitioner herein to pay a sum of Rs.3,000/-per month to the second respondent towards her maintenance. Challenging the same, the petitioner filed Crl.R.P.No.46 of 2015 and the same was dismissed by order dated 11.12.2015. Seeking to set aside the said orders, the present criminal petition is filed.

3. Heard and perused the material on record.

4. The material on record would show that the mother of the second respondent was killed by the petitioner when she was aged about 18 months. Thereafter, her grand father is looking after the welfare of the second respondent.

The trial Court, after considering the entire evidence and the documents, directed the petitioner to pay monthly maintenance of Rs.3,000/- to the second respondent and the same was confirmed by the revisional Court. In view of the concurrent findings of both the Courts below, this Court is not inclined to interfere with the same.

5. Hence, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this criminal petition shall stand dismissed.

_______________ RAJA ELANGO, J 21st April, 2016 sj