THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7842 of 2011 ORDER: This criminal petition is filed under Section 482 Cr.P.C. by the petitioners seeking to quash the docket order dated 03.06.2011 in D.V.C.No.28 of 2010 passed by the learned IX Metropolitan Magistrate, Cyberabad, at Miyapur, Ranga Reddy District. Heard both sides. It is not necessary to go into the factual aspect of the case. The order dated 03.06.2011 passed by the learned Magistrate runs as follows: “Petitioner is present. Respondent is present. The respondent failed to pay interim maintenance passed in Crl.M.P.No.3424 of 2010. In the circumstances, this Court is of the view that the respondent is not respecting orders of this court. In the circumstances, the respondent is set exparte. For exparte evidence, call on 17.06.2011.” The said order clearly indicates that the learned Magistrate passed the same erroneously and he has no such power to pass that order when the respondent also present before the Court. Hence, the order dated 03.06.2011 is set aside and the learned Magistrate is directed to proceed in accordance with law. With the above observation, the criminal petition is allowed. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO 5th September 2011, Rns.