THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR CRIMINAL REVISION CASE No.1905 of 2009 ORDER: Heard. The learned Judicial First Class Magistrate, Prathipadu, by his order, dated 05.03.2009 in Crl.MP.No.978 of 2008 in M.C.No.26 of 2005, imprisoned the petitioner herein for three (3) years, for his failure to pay arrears of maintenance of Rs.1,05,000/- for the period from 22.12.2005 to 21.06.2008. Challenging the said order, Criminal Revision Petition was filed before the Sessions Court, East Godavari District at Rajahmundry. As there was delay of 28 days in filing the said petition, an application in Crl.MP.No.1225 of 2009 was filed to condone the delay. The learned Sessions Judge passed the impugned order on 13.10.2009 allowing the said application subject to the payment of 1/4th of arrears of maintenance to the respondents. Challenging the same, this Criminal Revision Case has been filed. Learned counsel for the petitioner submitted that the petitioner has been languishing in jail since last nine months and that the order passed by the learned Magistrate is illegal and erroneous on the face of it. It is further submitted that by imposing a condition to pay 1/4th of the arrears of maintenance to the respondents, the petitioner has been deprived of his right to challenge the order of the learned Magistrate. No person shall be deprived of his right to file an appeal or revision merely because of his poverty. The very fact that the petitioner has been languishing in jail since last nine months shows that for the present, he is not in a position to pay the arrears of maintenance. Whether he has means to pay maintenance or not and whether he has been intentionally avoiding payment of maintenance, have to be gone through in the regular enquiry. Having regard to the facts and circumstances of the case, I consider that the order directing him to pay 1/4th of the arrears of maintenance appears to be harsh. Therefore, the same is set aside. Consequently, the petition filed by the petitioner in Crl.MP.No.1225 of 2009 to condone the delay of 28 days in filing the revision stands allowed. The learned Sessions Judge, East Godavari District, Rajahmundry, is hereby directed to dispose of the criminal revision petition as expeditiously as possible. Accordingly, the Criminal Revision Case is disposed of. __________________________ B.CHANDRA KUMAR, J 12th NOVEMBER, 2009. kvni