IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Tuesday, July 19, 2011 Present: Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 5018 of 2011 Between: Shaik Mahaboob Subhani …Petitioner and The State of AP and another …Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 5018 of 2011 O r d e r: Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. 2. The petitioner is the husband. He filed Crl.R.P.No. 62 of 2010 questioning the order of maintenance granted in favour of his wife by the court of II Additional Junior Civil Judge, Tadepalligudem. That revision petition was taken up by the Motor Accidents Claims Tribunal-cum-Additional District Judge, Family Court, West Godavari at Eluru and it was dismissed by the said court on 24-2-2011 for non payment of process. Questioning that order the husband has come up with this petition under section 482 Cr.P.C. 3. Learned counsel for the husband says that process was paid three times, but it was returned for one reason or the other and there was no justification for its return. It is however not necessary to go into these aspects. 4. It may be noted that payment of process is a matter between the court and the party who approaches it. In this view of the matter notice to the second respondent i.e., wife is also not necessary in this petition. The learned counsel for the husband says that the petitioner would now pay the process and go ahead with the revision petition and that he may be given an opportunity. In the circumstances, having regard to the principles of fair play, I think that the petitioner can be afforded an opportunity. 5. Accordingly the impugned order is set aside and revision petition is restored to its file. The petitioner shall now go before the Family Court before which the revision petition is pending and pay necessary process and there upon the said court will now proceed with the matter. 6. The criminal petition is allowed accordingly. _____________________ N. RAVI SHANKAR, J. July 19, 2011. *BVS