IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.5137 OF 2009 Between: Sri Tikkavaragu Nutana Kumar Reddy ..... Petitioner AND 1. Smt. Tikkavarapu Lakshmi Geeta 2. The Sate of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. ..... Respondents The Court made the following: ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner to quash the order, dated 06.05.2009, in Crl.M.P.No.973 of 2009 in D.V.C.No.5 of 2009, on the file of the learned V Additional Judicial Magistrate of I Class, Nellore. 2. The petitioner is Respondent No.1 in D.V.C.No.5 of 2009, on the file of the learned V Additional Judicial Magistrate of I Class, Nellore. The grievance of the petitioner is that having ordered notice in the first instance without hearing him, the impugned order is passed. 3. On the other hand, the learned counsel appearing for Respondent No.1 contended that interim ex parte order can be passed by the learned Magistrate and therefore, the impugned order does not suffer from any infirmities. 4. There is no difficulty in accepting the contention of the second respondent that the interim order can be passed at the time of filing of the application having satisfied with the contents in the affidavit to provide maintenance, but the trial Court, having ordered notice to the petitioner herein, should have waited till his appearance and pass appropriate orders. Therefore, the impugned order is without giving an opportunity to Respondent No.1. Hence, the impugned order is set aside and the matter is remitted to the trial Court to dispose of the case within a period of four (4) weeks from the date of receipt of copy of this order giving opportunity to the petitioner as well as Respondent No.1 herein. 5. Accordingly, the Criminal Petition is allowed. ______________ (K.C.BHANU, J) Dated: 7th October, 2009. KL