IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE EIGHTH (8TH) DAY OF NOVEMBER TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11106 of 2010 Between: Kondeti Srinivasa Rao … Petitioner And: Kondeti Siva Leela & others … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11106 of 2010 ORDER: This petition is filed under Section 482 Cr.P.C. seeking to quash further proceedings in pursuance of the order dated 20.07.2010 passed in Crl.M.P.No.75 of 2010 in M.C.No.194 of 2003 on the file of the IV Additional Sessions Court, Vijayawada. 2. Heard the learned counsel for the petitioner. Perused the record. 3. The petitioner is the husband of the first respondent herein. Respondents 2 and 3 are the children of petitioner and first respondent. It is stated that the respondents 1 to 3 filed MC No.194 of 2003 seeking maintenance against the petitioner herein. By order dated 30.10.2006 in MC No.194 of 2003, maintenance was awarded at the rate of Rs.500/- per month to each of the petitioners therein from 27.10.2003. The respondents 1 to 3 herein filed execution of the order of maintenance, as the petitioner fell in arrears of maintenance in a sum of Rs.55,500/-. The respondents filed Crl.M.P.No.75 of 2010 under Section 125(3) and 128 Cr.P.C. seeking direction to the petitioner herein to pay Rs.55,500/- being arrears of maintenance from December 2006 to December 2009. As the petitioner herein was absent on 20.07.2010, NBW was issued against him. Aggrieved by the same, the present petition is filed. 4. Learned counsel for the petitioner would submit that the petitioner has already filed Crl.M.P.No.458 of 2010 seeking set aside the order of maintenance in MC No.194 of 2003 and also sought stay of execution of the proceedings and the said application is still pending. He further submits that without disposing of the said Crl.M.P.No.458 of 2010, the trial Court directed issuance of NBW against the petitioner in Crl.M.P.No.75 of 2010. 5. In the circumstances, without going to the merits of the case, it is considered that a direction be issued to the trial Court to dispose of Crl.M.P.No.458 of 2010 on its merits at an early date. The petitioner herein is directed to appear before the trial Court within two (2) weeks from today and execute necessary bonds for his regular attendance before the trial Court as per the terms and conditions that may be stipulated by the trial Court. NBW issued against the petitioner is therefore directed to be recalled on his appearance before the trial Court, as directed above. 6. In the result, the criminal petition is disposed of with the above direction. ____________________ G.V.SEETHAPATHY, J Date: 08.11.2010 BSS