APHC010389902024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3396]

(Special Original Jurisdiction)

FRIDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2024 In/and CRIMINAL REVISION CASE No: 906/2024 Between:

1. V ASAMSETTY RAMESH, S/0 VENKATARAMANA MURTHY, AGED 33 YEARS, OCC UNEMPLOYED, R/0 D.NO. 21-29/2, VIMAN NAGAR, 0PP. AIRPORT ROAD, NAD POST, VISAKHAPATNAM ...PETITIONER AND

1. S TATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT HYDERABAD.

2. V ASAMSETTY GIRIJA KALYANI, D/0 B. SURYAPRAKASH RAO, AGED 24 YEARS, OCC HOUSEHOLD, AT D.NO. 2-5-205/1, LISIPURAM, NEAR RYTHUBAZAAR JUNCTION, SRIKAKULAM TOWN AND DISTRICT.

3. V ASAMSETTY SATYA MOHIT, S/0 RAMESH, AGED 5 YEARS, BEING MINOR, REPRESENTED BY NATURAL GUARDIAN MOTHER I.E., 1ST RESPONDENT VASAMSETTY GIRIJA KALYANI, AT D.NO. 2-5- 205/1, LISIPURAM, NEAR RYTHUBAZAAR JUNCTION, SRIKAKULAM TOWN AND DISTRICT.

...RESPONDENT(S):

Revision filed under Section 397/401 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to call for the records relating to the order made in CrI.M.P.No.90 of 2019 in M.C.No.17 of 2014 on the file of the Court of the Judge, Family Court -cum- III Additional District and Sessions Court, Srikakulam, Srikakulam District, dated 21-03-2022 and set aside the same and pass such IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 807 days in filling representing the petition, in the interest of justice as otherwise 1/ Petitioner will be put to irreparable loss and hardship.

IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dispense with the filing of the certified copy of Crl.M.P.No.90 of 2019 in F.C.M.C. No.17 of 2014 on the file of the Court of the Judge, Family Court -cum- III Additional District & Sessions Court, Srikakulam District and pass such IA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant stay of all further proceedings in CrI.M.P.No.90 of 2019 in M.C.No.17 of 2014 on the file of the Court of the Judge, Family Court - cum- III Additional 2J District & Sessions Court, Srikakulam, Srikakulam District, dated 21--03-2022, pending disposal of the present Criminal Revision Case and pass such Counsel for the Petitioner:

1. PANGI RAJU BABU Counsel for the Respondent(S):

1. BOPPUDI ALEKHYA

2. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.No.1 of 2024 In/and CRIMINAL REVISION CASE No: 906/2024

COMMON JUDGMENT:

The instant Criminal Revision Case has been filed by the petitioner seeking to set aside the order dated 02.03.2022 by the CrI.M.P.No.90 of 2019 in M.C.No.17 of 2014 on the file of the learned Judge, Family Court -cum-III Additional District and Sessions Court, Srikakulam, Srikakulam District.

2. I.A.No.1 of 2024 is filed by the petitioner seeking to condone the delay of 807 days in filing the above Criminal Revision Case.

3. Heard Sri Pangi Raju Babu, learned counsel for the petitioner, Ms. Boppudi Alekhya, learned counsel for the respondent Nos.2 and 3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State.

4. Learned counsel for the petitioner would submit that the order enhancing the maintenance passed by the learned Trial Judge is not sustainable in law, as the same was granted without properly considering the earning capacity of the petitioner. It is contended that the learned Trial Court failed to take into account the actual financial status, income, and liabilities of the