P.Sivakumar , Chiranjeevi Reddy v. G.Indu , Bindu

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.10998 of 2017 ORDER:

This Criminal Petition under Section 482 Cr.P.C. is filed to quash the Order dt. 21.08.2017 in CRP No.24 of 2017 passed by VI Additional District Judge (FTC), Tirupathi, allowing Criminal Revision petition condoning delay of 647 days in filing a petition to set aside ex parte order on payment of costs of Rs.5,000/ - on or before 19.09.2017 under proper acknowledgment to the respondent and to file counter.

The present Criminal Petition is filed on the ground that the costs imposed by the trial Court is excessive and the petitioner is suffering from various ailments and not in a position to pay the costs imposed by the trial Court, but the ground urged before this Court is not a sufficient ground to reverse the order passed by the trial Court to the extent of imposing costs. Since the respondent/ wife, who is starving on account of the alleged neglect and refusal to maintain her by this petitioner, I find that it is not a fit case to reduce the costs imposed by the trial Court.

Accordingly, this Criminal Petition is dismissed. However, time for payment of amount imposed by the trial Court is extended for a period of two weeks from today.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

__________________________________ M. SATYANARAYANA MURTHY, J Date: 17.11.2017 eha

HONOURABLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P. No.10998 of 2017 Dt. 17.11.2017 eha