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High Court for State of TelanganaCRLP/11571/2017dismissed

Shankerpally , Eedulkanti Narsimulu v. The State Of Telangana

2017-12-08Shameem Akther1 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 1 5 7 1 of 2 0 1 7 ORDER:

This Criminal Petition, under Section 439 of the Code of Criminal Procedure, 1973, is filed by the petitioner challenging the order, dated 09.11.2017, passed in Crl.M.P.No.497 of 2016 in M.C.No.28 of 2014 by the learned Additional Judicial Magistrate of First Class, Sangareddy, and requesting to enlarge him on bail. 2 .

No representation for the petitioner. Heard the learned Additional Pubic Prosecutor representing the respondent-State and perused the record.

3 .

The dispute relates to the payment of arrears of maintenance by the husband to his wife. The impugned order was passed by the Court below in a Maintenance Application. When the petitioner did not pay the arrears of maintenance to the wife, he was ordered to be detained in the district jail. Under these circumstances, no application under Section 439 of Cr.P.C. lies before this Court. 4 .

Hence, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 08th December, 2017 Bvv