THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL REVISION CASE No.164 of 2010 AND CRIMINAL REVISION CASE M.P.No.241 of 2010 Date:- 04th February, 2010 Between: Paidipalli Satyanarayan And another …Petitioner AND Paidipalli Rajitha And others. …Respondents THE HON'BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL REVISION CASE No.164 of 2010 AND CRIMINAL REVISION CASE M.P.No.241 of 2010 ORDER: This Criminal Revision Case, under Sections 397 and 401 of Cr.P.C. is directed against the order dated 11.12.2009 in Crl.M.P.No.633 of 2006 in M.C.No.20 of 2006 on the file of the Judicial First Class Magistrate, Godavarikhani, Karimnagar District. Heard. Learned counsel for the petitioner submits that the petitioner have already filed counter affidavit on 28.03.2007, but the said counter affidavit was not taken into consideration. It is also his submission that the trial has already commenced and some of the accused were examined and there was no need to pass interim orders on 11.12.2009. The impugned order dated 11.12.2009 shows that the counter affidavit has not been filed. Since the petitioner has asserted that the counter affidavit has been filed, I am inclined to order as follows. In the circumstances, the impugned order dated 11.12.2009 in Crl.M.P.No.633 of 2006 in M.C.No.20 of 2006 on the file of the Judicial First Class Magistrate, Godavarikhani, Karimnagar District, is set aside, and the matter is remitted back to the learned Magistrate. The learned Magistrate may clarify whether the petitioner has filed counter affidavit or not and then pass appropriate orders after hearing both the parties. Even if the trial is commenced, that does not come in the way of the learned Magistrate in granting interim maintenance to the unofficial respondents herein. Accordingly, the Criminal Revision Case is allowed. _______________________ JUSTICE B.CHANDRA KUMAR February 04, 2010 Bvv