THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO. 450 OF 2005 ORDER: This revision is filed against the orders passed in Crl.M.P. No. 4133 of 2003 in M.C.No. 12 of 2003 dated 21.2.2005 on the file of the Additional Judicial Magistrate of First Class, Kavali, sentencing the respondent/petitioner herein to undergo simple imprisonment for a period of one month for default of one month’s maintenance. By order dated 14.7.2003 the trial Court granted maintenance of Rs.500/- each per month to the respondents 1 and 2 herein who are wife and son of the petitioner herein together with costs of Rs.800/-. Since, the arrears of maintenance and costs as ordered were not paid, the respondents 1 and 2 herein filed a petition under Section 128 of Criminal Procedure Code praying the trial Court to direct the petitioner herein/husband to pay Rs.16,000/- towards maintenance and costs of Rs.800/- totaling to Rs.16,800/- and in default to issue to issue arrest warrant against the petitioner herein for recovery. By the order under revision, the trial Court sentenced the petitioner to undergo simple imprisonment for a period of one month for default of one month’s maintenance. Hence, the present criminal revision case. Learned counsel for petitioner submitted that sentencing the petitioner for default in payment of one month’s maintenance is unsustainable. However, he is not in a position to inform the Court as to whether the petitioner is paying the maintenance amount regularly and reported that he has no instructions in that regard. Heard the learned counsel for petitioner, learned counsel for respondents 1 and 2 and learned Public Prosecutor. Having heard the learned counsel on either side and considering the fact that the Court below has granted a maintenance of Rs.500/- per month each to the respondents 1 and 2 herein, this Court is of the view that there is no necessity to interfere with the same. However, issuance of warrant against the petitioner is hereby set aside. Further the petitioner is directed to pay the arrears of maintenance, if any, within a period of eight weeks from today and shall continue to pay the maintenance from January, 2011 onwards regularly before 10th day of every month. On failure to pay the maintenance the trial Court is at liberty to take action against the petitioner in accordance with law. Subject to above, the criminal revision case is disposed of. _____________ RAJA ELANGO,J DATE: 23.12.2010 TVK THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO. 450 OF 2005 Date: 23.12.2010