IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.4369 OF 2009 Between: Cheepulla Kannayya @ Kanna Babu …… Petitioner AND Cheepulla Jyothi & 2 others .....Respondents HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.4369 OF 2008 ORDER: This Criminal Petition under Section 482 Cr.P.C. is filed by the petitioner Cheepulla Kannayya @ Kanna Babu seeking to quash the proceedings against him in M.C. No.3 of 2009 on the file of III Additional Judicial Magistrate of First Class, Kakinada filed by his wife Cheepulla Jyothi, respondent No.1 herein, under Section 125 Cr.P.C. seeking maintenance to her and their daughter Cheepulla Vindhya, respondent No.2 herein. 2. Heard. 3. The contention of the learned counsel for the petitioner is that already divorce was granted and respondent No.2 is not born through him. 4. The contention of the learned counsel for respondent Nos.1 and 2 is that divorce was obtained without the knowledge of respondent No.1 and it was an ex parte decree and it is under challenge. 5. The question as to whether respondent No.2 is child of petitioner No.1 or not has to be decided during trial. 6. In the circumstances, it is not a case to quash the proceedings against the petitioner under Section 125 Cr.P.C., as such, the petition is liable to be dismissed. 7. Accordingly, the Criminal Petition is dismissed at the stage of admission itself. 8. The petitioner is at liberty to raise all the defences available to him before the trial Court. ______________________ P. SWAROOP REDDY, J November 9, 2009. PV