HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 3629 OF 2009 DATE: 29.09.2010 BETWEEN: Preeti Jain .. Petitioner And State of A.P. and another. ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 3629 OF 2009 ORDER: Heard, the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. None appears for the second respondent. This criminal petition is filed seeking to quash the order dated 01.04.2009 in Crl.M.P.No.245 of 2008 in M.C.No.10 of 2006 passed by the III Additional Judicial First Class Magistrate, Kakinada. The second respondent/wife filed maintenance Case No.10 of 2006 on the file of the III Additional Judicial First Class Magistrate, Kakinada seeking maintenance of Rs.5,000/- per month. The petitioner/husband filed counter and was contesting the matter. Subsequently, on 09.11.2006, he was set exparte on the ground that he did not participate in the proceedings. Thereafter, the learned Magistrate allowed the maintenance case on 08.01.2007 granting maintenance of Rs.5,000/- to the wife. Feeling aggrieved, the husband filed the present petition to quash the order dated 01.04.2009 in Crl.M.P.No.245 of 2008 in M.C.No.10 of 2006 passed by the III Additional Judicial First Class Magistrate, Kakinada setting aside the exparte order passed earlier. The order passed by the learned Magistrate Shows that while setting aside the order, the learned Magistrate took into consideration that O.P.No.1839 of 2006 filed by the husband for restitution of conjugal rights against the wife was allowed and for the delay in filing the petition to set aside the exparte order, the learned Magistrate also imposed costs of Rs.10,000/- to be paid to the wife I absolutely see no illegality or irregularity in the order requiring interference in exercise of powers under Section 482 Cr.P.C. Accordingly, the criminal petition is dismissed. _______________ R.KANTHA RAO,J Date: 29.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO. 3629 OF 2009 DATE: 29.09.2011