THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CRLRC.No.249 of 2010 Date: 16.02.2010 Between: Sri Shaik Khadar Hussain Sathar Saheb, Bangalore. Petitioner. AND The State of A.P., rep by Public Prosecutor, High Court of A.P., Hyderabad and others. Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CRLRC.No.249 of 2010 ORDER: This Revision has been filed by the respondent in F.C.O.P.No.1012 of 2008 on the file the Family Judge, Visakhapatnam. The petitioner is the husband of the 2nd respondent and father of the 3rd respondent. The wife and the child filed F.C.O.P.No.1012 of 2008 on the file of the Family Court, Visakhaptnam under Section 125 Cr.P.C., claiming maintenance. It appears that the petitioner husband remained exparte and consequently an order came to be passed on 17.3.2009. The petitioner filed Crl.MP No.389 of 2010 and the said petition stated to be pending. Heard learned counsel appearing for the petitioner and perused the order impugned in the revision. Learned counsel appearing for the petitioner submits that the application filed by the petitioner, which has been numbered as Crl.MP No.389 of 2010, is not being taken up by the learned Judge of the Family Court and therefore, necessary direction is required to be given to the learned Judge, Family Court, Visakhapatnam to consider and pass appropriate orders. Since the application filed by the petitioner to set aside the exparte order dated 17.3.2009 passed in F.C.O.P.No.1012 of 2008 is pending before the Judge, Family Court, Viskhapatnam, it is for the petitioner to pursue the same and invite the orders. In the given facts and circumstances of the case, invocation of jurisdiction of this Court under Sections 397 and 401 Cr.P.C is wholly misconceived and the revision is accordingly dismissed at the admission stage. However, the learned Judge of the Family Court, Visakhapatnam is directed to consider the Crl.MP No.389 of 2010 filed by the petitioner and pass appropriate orders. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:17.2.2010 mrb