Modumpuram Ramakrishna v. State Of Telagana,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.3754 of 2015 ORDER :

This Criminal Petition is filed by the Petitioner under Section 482 Cr.P.C seeking to quash the proceedings in Criminal Revision Petition No.4 of 2014 in M.C. No.10 of 2012 on the file of VI Additional District and Sessions Judge, Godavarikhani, Karimnagar District.

2) Heard, the learned counsel for Petitioner and the 1st respondent-State represented by the learned Public Prosecutor before ordering notice to the respondent Nos.2 and 3 in the present petition which was attacked against the exparte order of maintenance passed under Section 126 Cr.P.C. in favour of the minor child and against the father (the petitioner herein). Perused the material on record.

3) There are no grounds to admit and give life to the litigation, but for to say from the remedy clearly provided under Section 126(2) Cr.P.C proviso of showing just cause and file application to set aside the exparte order of maintenance by the petitioner herein to impugne the quantum besides to contest non-liability. The petitioner is given liberty to file such application and the learned Magistrate to entertain the same without going into the limitation aspect by virtue of this order and decide the same on its own merits.

4) With the above observations, the criminal petition is disposed of.

5) Miscellaneous petitions, if any pending, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J

Dt.02nd June, 2015 KSH