THE HON'BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.125 of 2010 Date:15.07.2011 Between: G.B.Lazarus Jana ..... Petitioner AND Smt. Sree Jyothi, and State .....Respondents The Court made the following: ORDER: This petition is filed by the respondent in M.C.No.199 of 2008 on the file of the Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum-Additional Family Judge-cum-XXIII Additional Chief Judge, Hyderabad, whereunder in an application filed under Section 125 Cr.P.C., the wife of the petitioner herein was granted maintenance at the rate of Rs.7,500/- per month. The contention of the petitioner herein is that the above order was pronounced on 19.11.2009 though in Crl.M.P.No.6142 of 2009 in Crl.P.No.6446 of 2009 on 13.11.2009 this Court had further extended the stay already granted on 20.08.2009 and extended on 12.10.2009. It is also contended that though the fact of extension of stay on 13.11.2009 was brought to the notice of the learned Sessions Judge, the order dated 19.11.2009 was passed having heard the arguments on 13.11.2009. It is further contended that the above criminal petition was allowed for recalling P.W.1. Therefore, the grievance of the petitioner is that the order dated 19.11.2009 passed by the learned Sessions Judge was when the stay granted by this Court is pending and therefore, it is not valid. The above facts are not seriously disputed by the learned counsel for the respondents also. In view of the above circumstances, the order of the lower Court dated 19.11.2009 in M.C.No.199 of 2008 is set aside and the matter is remanded to the lower Court for fresh disposal according to law. However, the petitioner shall continue to pay the interim maintenance ordered by the lower Court in M.P.No.30 of 2009 in M.C.No.199 of 2008 on 13.11.2009 subject to his right in the revision, which is not yet numbered, said to have been filed by him against that order. Accordingly, the Criminal Petition is disposed of. ________________________ N.R.L.NAGESWARA RAO, J 15th July, 2011 GHN