HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P. No. 2930 of 2009 DATED: 28.12.2011 Between: K. Mangatayaru Petitioner And State of A.P. and another .. Respondents O R D E R:- Heard Ms. L. Niyatha, learned counsel for the petitioner and the learned Additional Public Prosecutor. The petitioner herein is the wife and earlier she filed a maintenance case i.e. M.C. No. 22 of 2002 under Section 125 Cr.P.C. and obtained an order of maintenance against her husband who is shown as the 2nd respondent herein. That maintenance case was granted at the rate of Rs.500/- per month. The petitioner subsequently filed Crl.M.P. No. 1572 of 2008 for execution of that order of maintenance. It is not necessary to go into other details. It would be sufficient to note that on 04.03.2009 the Miscellaneous Petition was dismissed by the learned judicial First Class Magistrate, Razole on the ground that the petitioner was absent and there was no representation for her. The plea of Ms.Niyatha is that the petitioner was taking all steps to prosecute the Criminal Miscellaneous Petition before the learned Magistrate and that on 04.03.2009 her counsel could not be present due to various reasons and she will pursue the matter hereafter diligently. In these circumstances and having regard to the fact that the petitioner is a lady, I am of the opinion that she can be given one more chance to prosecute her aforesaid petition. In view of this, it is considered that notice to the husband is also not necessary. Accordingly, this Criminal Petition is allowed and Crl.M.P. No. 1572 of 2008 on the file of the Court of the Judicial First Class Magistrate, Razole is restored and the petitioner shall proceed to prosecute the matter diligently. The learned Magistrate may dispose of the said petition as expeditiously as possible. __________________ N. RAVI SHANKAR, J 28.12.2011 bcj