HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7821 OF 2010 ORDER: This criminal petition is filed by the petitioner-respondent, under Section 482 Cr.P.C., seeking to quash the order dated 22.04.2010 passed by the learned III Addl. District & Sessions Judge, Kakinada in Crl.R.P.No.59 of 2009. Respondents 2 and 3 herein filed M.C.No.23 of 2008 on the file of the V Addl. Judicial Magistrate of First Class, Kakinada, against the petitioner herein seeking maintenance. The learned Magistrate allowed the M.C. granting maintenance at Rs.2,000/- p.m. each to them, by an order dated 05.08.2010. As against the said order, the petitioner preferred Crl.R.P.No.59 of 2009 on the file of the III Addl. District & Sessions Judge, Kakinada, and the same was dismissed for non-prosecution on 22.04.2010. The same is questioned in this criminal petition. Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor. Learned counsel for the petitioner submitted that the learned Sessions Judge ought to have given an opportunity to the petitioner by adjourning the matter to a next date so as to enable him to represent the case. He further submitted that the petitioner is having a good case on merits. Therefore, he prayed to allow the criminal petition. This Court has gone through the impugned order and is of the view that while disposing of the revision, the learned Sessions Judge did not assign any reasons and a revision cannot be dismissed on the ground of non-prosecution. In view of the same, the learned Sessions Judge is hereby directed to restore C.R.P.No.59 of 2009 to file and fix a date for hearing the case and, after hearing arguments of both the counsel on the particular day, to pass appropriate orders, in accordance with law, at the earliest. The petitioner herein also is directed to take notice to respondents before the revisional Court. With the above directions, the criminal petition is disposed of. __________________ RAJA ELANGO, J 18th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7821 OF 2010 (Disposed of) 18th August, 2010 CBS