THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE No.743 of 2009 ORDER Proof of service not filed. When this revision came up for admission, notice before admission has been ordered on 29.04.2009. The petitioner has been directed to take out fresh notice to the 1st respondent on 5.8.2009. On 10.09.2009, the counsel for the petitioner sought time for filing proof of service. Therefore, the matter was directed to be listed on this day. As on this day, proof of service not filed and there is no representation on behalf of the petitioner. This revision is directed against the order passed in Criminal Appeal No.153 of 2008 on the file of Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam, whereby and whereunder the learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge confirmed the order dated 1.10.2007 passed in DVC No.8 of 2007 on the file of the 1st Additional Chief Metropolitan Magistrate, Visakhapatnam. 1st respondent herein is the wife of the petitioner. She filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking protection order. The petitioner herein, who has been shown as 1st respondent in the DVC, did not choose to contest the matter. The learned 1st Additional Chief Metropolitan Magistrate after considering the material brought on record proceeded to grant an amount of Rs.10,000/- (Rupees ten thousand only) apart from granting other ancillary reliefs. Paragraph No.2 of the Judgment passed by the 1st Additional Chief Metropolitan Magistrate in DVC 8 of 2007 reads as hereunder. “ Petitioner present. Respondents are already set ex parte. The petitioner filed her chief evidence affidavit and the same is allowed and passing order against the respondent as follows: 1.Prohibiting him from any act of domestic violence and 2.Prohibiting him from entering the place of residence of the petitioner. 3.The respondents are hereby prohibited from alienating disposing or encumbering the property without leave of the Court. 4.The respondents are hereby directed to return the dowry amount to the petitioner with interest at 6% p.a. from the date of the petition and also the return gold ornaments and Adapadachu Lanchanam and saree samans. 5.The 1st respondent is hereby directed to pay a sum of Rs.10,000/- per month to the respondent from the date of filing of the petition.” The petitioner herein filed criminal appeal No.153 of 2008 assailing the order passed in DVC 8 of 2007. The learned Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam on re-appreciation of the material brought on record did not find valid ground to interfere with the order passed in DVC. Despite two adjournments being granted to the petitioner to take out notice to the respondent-wife and file proof of service, he did not choose to file proof of service as on this day. The conduct of the petitioner indicates that he is not interested in pursuing this revision. Accordingly, the Criminal Revision Case is dismissed for non-prosecution. __________ 08-10-2009 rkk