THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.3573 OF 2007 Date:01.12.2009 Between: Poola Venkata Ramana ……Petitioner And: Smt R. Sreelakshmi Priyadarshini and two others. ….. Respondents. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.3573 OF 2007 ORDER: This petition is filed under Section 482 of the Code of Criminal Procedure for quashing order dated 09.05.2007 passed by the Sessions Judge, Anantapur in Criminal R.P. No.46 of 2006 by which the Sessions Judge, Anantapur confirmed order dated 17.07.2006 passed by the Additional Judicial Magistrate of the First Class, Anantapur in M.C.No.9 of 2003 granting maintenance of Rs.2,000/- per month to the wife/1st respondent and Rs.1,000/- per month to the minor son/2nd respondent. There is no dispute about relationship between the parties. There is also no dispute that the respondents 1 and 2 are living separately from the petitioner and that they have no means to maintain themselves. In this petition, the petitioner’s counsel contended that granting of maintenance of Rs.2,000/- and Rs.1,000/- per month to the respondents 1 and 2 is excessive as the petitioner has no source of income for himself and as he has been working in a Shoe Shop. The petitioner filed Ex.D-2 letter of appointment given by no other than his father. On the other hand, the respondents 1 and 2 filed Ex.P-3 certified copy of Adangal and Ex.P-4 extract from IB Register showing that the petitioner and his family own landed properties. They also filed Ex.P-5 ownership certificate issued by Commissioner of Guntakal Municipality to the effect that the petitioner is running Shoe shop under name and style of Poola Shoe Company at Guntakal. The respondents 1 and 2 also filed Exs.P-6 to P-10 returns showing turnover of business of the petitioner from his shop for various years. The petitioner filed Exs.D-3 and D- 4 revised revenue records. Apart from that, the 1st respondent examined herself as P.W.1 and examined other witnesses to show business being run by the petitioner, landed property owned by the petitioner and his family members and income being derived by the petitioner from his business. Taking entire evidence into account, both the Courts below rightly granted maintenance at Rs.2,000/- per month to the 1st respondent/minor wife and Rs.1,000/- per month to the 2nd respondent/son. I do not find any valid and legal reasons to interfere with grant of maintenance or quantum of maintenance granted by the Courts below. In the result, the criminal petition is dismissed. ___________________________________ SAMUDRALA GOVINDA RAJULU,J 01.12.2009, Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.3573 OF 2007 Date:02.12.2009 Gk.