IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD FRIDAY THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND NINE : PRESENT : THE HON’BLE SRI JUSTICE: P.SWAROOP REDDY CRIMINAL REVISION CASE No.615 of 2009 (Criminal Revision Case under Sections 397 & 401 of Cr.P.C. to revise the order of the Court of the V Additional Judicial Magistrate of First Class at Kakinada made in Crl.M.P.No. 308/2009 in MC.No. 126/2008 dated. 16-03-2009.) Between: Chilaka Veera Venkata Naga Ramalinga Sridhara Rao. Petitioner AND 1. State of Andhra Pradesh, rep. by Public Prosecutor, High Court of A.P., Hyderabad. 2. Chilaka Surya Kumari, W/o. Chilaka Veera Venkata Naga Ramalinga Sridhara Rao, R/o. Flat No. S-3, Swathi Enclave, Gandhinagar, Kakinada. Respondents The Criminal Revision Case coming on for orders as to admission upon perusing the Memo of grounds filed herein and upon hearing the arguments of Sri Ch.Dhanamjaya, Advocate for the Petitioner and of the Public Prosecutor for the Respondent No.1, the Court made the following ORDER: “ When the main M.C. is posted for arguments, the learned Magistrate passed the impugned order granting interim maintenance of huge amount of Rs. 10,000/- p.m. In the above circumstances, there was absolutely no justification in passing such an order. A perusal of the order of the learned Magistrate shows that the order is passed in a very reckless manner. The following sentences… “1. This interim maintenance petition came in the year 2007. ………. 2. So, unless either side adduced evidence stating that the court cannot be decided. So, both parties but the petitioner came forward that this petition for interlocutory maintenance if any amount is granted there will no prejudice caused to the respondent pending petition. As this main petition coming since 2007 so there is every chance further delay of the matter.” Show how negligently the order was passed. The impugned order is suspended and the trial Court is directed to dispose of the main M.C. within a period of one month from today. The learned Magistrate, who passed the impugned order shall send her remarks, as to how the order is passed in such a negligent manner. Post on 28-04-2009 for report of the Magistrate.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The V Additional Judicial Magistrate of First Class at Kakinada, E.G.District. (By Fax/Speed Post) 2. Chilaka Surya Kumari, W/o. Chilaka Veera Venkata Naga Ramalinga Sridhara Rao, R/o. Flat No. S-3, Swathi Enclave, Gandhinagar, Kakinada. 3. Two CCs to Public Prosecutor, High Court of A.P.Hyd (OUT) 4. One CC to Sri Ch.Dhamanjaya, Advocate(OPUC) 5. One spare copy. SAH HIGH COURT PSRJ DATED: 17-04-2009 NOTE: POST ON 28-04-2009 FOR REPORT OF THE MAGISTRATE ORDER CRL.RC.NO. 615 OF 2009 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 17-04-2009 HIGH COURT PSRJ DATED: 17-04-2009 NOTE: POST ON 28-04-2009 FOR REPORT OF THE MAGISTRATE ORDER CRL.RC.NO. 615 OF 2009 DIRECTION