THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.604 of 2008 (Dated : 15-07-2010) Between: Shaik Mahaboob Subhan S/o Haji Basha R/o Kanigiri, Prakasam District. …Petitioner A n d State of Andhra Pradesh, rep. By its Public Prosecutor, High Court of A.P., Hyd. And others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.604 of 2008 ORDER: This Criminal Petition has been filed under Section 482 Cr.P.C to quash the order dated 11.01.2008 passed in Crl.M.P.No.2 of 2008 in C.R.P.No.5 of 2008 on the file of the III Additional District & Sessions Judge, Ongole. 2. Respondents 2 and 3 are wife and son respectively of the petitioner. They filed M.C.No.4 of 2004 claiming maintenance at the rate of Rs.3,000/- and Rs.1,000/- per month respectively. The petitioner herein filed counter in M.C.No.4 of 2004 resisting their claim. The learned Additional Judicial First Class Magistrate, Kandukur, by order dated 28.11.2007, granted maintenance at the rate of Rs.1,000/- to the wife and Rs.750/- to the son from the date of filing of the petition. Assailing the order passed in M.C.No.4 of 2004, the petitioner herein filed C.R.P.No.5 of 2008 on the file of the District Judge, Ongole. He also moved Crl.M.P.No.2 of 2008 seeking stay of the order passed in M.C.No.4 of 2004 pending disposal of the revision. 3. The learned District Judge, on hearing the counsel appearing for the parties, passed the following order on 11.01.2008. “Heard the counsel for the petitioner, Addl. P.P have consider the order of the trial Court while reaching the findings with regard to grant of maintenance to the petitioners and as well as deposit of arrears of maintenance as ordered by the said Court, including the grounds of revision which the petitioners have taken which requires to considered during the course of arguments in the main case. But however the stay of the order of the trial Court is to be granted subject to condition of the revision petitioners depositing half of the arrears of maintenance to the credit of the M.C before the trial Court as and well as the present amount of maintenance as ordered by trial Court is to be deposited regularly. The revision petition should file a memo stating to deposit of half of the said amount as ordered by this Court on or before 18.1.08. Thereupon, the order of stay will take effect. Issue notice to the opposite party. Call on 18.1.08.” 4. No representation on behalf of the petitioner. Heard learned counsel appearing for the respondents 2 and 3. Perused the material brought on record. 5. As seen from the grounds of revision, it is the contention of the petitioner that he is getting only Rs.2,000/- per month as honorarium as a part time lecturer, and therefore, the condition of deposit of half of the arrears of maintenance is onerous and the same is required to be modified. 6. Learned counsel appearing for the respondents submit that interim stay is granted on an application moved by the petitioner herein and the condition imposed by the revisional Court, in the given facts and circumstances, is an equitable order and hence, the same is not required to be interfered by this Court in exercise of powers under Section 482 Cr.P.C. 7. The petitioner has not disputed his relationship with respondents 2 and 3 and they are no other than his wife and son. In that view of the matter, I do not see any valid grounds to interfere with the order passed by the learned District Judge in Crl.M.P.No.2 of 2008 in C.R.P.No.5 of 2008 on the file of the III Additional District & Sessions Judge, Ongole. 8. Accordingly, this Criminal Petition is dismissed. ______________________ B.SESHASAYANA REDDY, J Dt.15-07-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.604 of 2008 (Dated : 15-07-2010)