IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THIS THE 4th DAY OF MARCH, 2010 CRIMINAL REVISION CASE No.433 of 2010 Between: Munnangi Pamulu ….PETITIONER(S) a n d Munnangi Mani Mala and another ….RESPONDENT(S) THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL REVISION CASE No.433 of 2010 ORDER: This revision case is directed against the order dated 07.01.2010 passed in Crl.A.No.393 of 2009 on the file of the I Additional District & Sessions Judge, Guntur. 2. Heard. 3. A perusal of the impugned order makes it clear that the said appeal was filed on 13.11.2009 and on 07.01.2010 i.e., within two months of filing of the appeal, when the petitioner herein was absent on the day fixed for hearing, the same was dismissed though the counsel for the petitioner before the lower appellate Court made a representation and sought time. It is not a case where the petitioner herein repeatedly absented himself from attending the Court or any thing like that to say that he has been desperately trying to avoid his liability and as already referred to above, the appeal was dismissed within a span of two months of its filing. 4. No notice is issued to the respondent-wife in this revision which is a technical requirement. However, as the issuance of notice to the respondent-wife would not serve any substantial purpose except making her to spend her money and time in appearing before this Court, the same is dispensed with. Considering the facts and circumstances of the case, it is a fit case where the revision case can be allowed. 5. Therefore, the order dated 07.01.2010 passed in Crl.A.No.393 of 2009 by the lower Appellate Court is set aside and the same is restored to its file directing that the same shall be disposed of on merits, after giving notice to present respondent-wife. However, the petitioner- husband shall pay the amount of Rs.10,000/- to the respondent-wife as ordered by the trial Court within two months from now, subject to which alone the appeal has to be re-heard. In case of failure, the present impugned order shall stand confirmed. This amount of Rs.10,000/- shall be retainable by the respondent-wife irrespective of the final result of the case. 6. The Criminal Revision case is, accordingly, allowed. ________________________ P.SWAROOP REDDY, J 4th March 2010 CVRK