Telangana High Court

CRLP/14024/2011 of Kattera Narsimha Rao , Varala Narasimha Rao, Vs The State of Andhra Pradesh, on 30 December 2011

SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.14024 OF 2011 ORDER:- This petition is filed by the petitioner/respondent to quash the proceedings in M.C.No.3 of 2011 on the file of the V Additional Judicial Magistrate of I Class, Kakinada. The claim of the petitioner is that the

THE HONOURABLE SRI JUSTICE N.R.L.NAGESWARA RAO

CRIMINAL PETITION No.14024 OF 2011

ORDER:-

This petition is filed by the petitioner/respondent to quash theproceedings in M.C.No.3 of 2011 on the file of the V Additional JudicialMagistrate of I Class, Kakinada.

The claim of the petitioner is that the present petition formaintenance was filed on 28.03.2011, whereas a decree of divorcewas said to have been obtained on 04.02.2011 and consequently, thepetition is not maintainable.

From the submissions made by the learned counsel for thepetitioner, the petitioner herein has not yet filed any counter bringing tothe notice of the Court below about this fact and if no counter is filed,the petitioner is permitted to file the counter and the Court below shalldispose of the M.C. itself within six months.

Accordingly, the Criminal Petition is disposed of.

Date: 30-12-2011INL

___________________________

JUSTICE N.R.L. NAGESWARA RAO

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