CRLP/2042/2023 of SIRIVISETTI KOTI NAGESWARA RAO Vs THE STATE OF ANDHRA PRADESH on 14 October 2026

ORDER:

Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner, and learned counsel for respondent No. 2.

2. Learned counsel for the petitioner submitted that, during the enquiry, the petitioner/husband filed a petition seeking issuance of summons to the Village Revenue Officer to produce documents standing in the name of respondent No. 2, with a view to establishing her assets and income. The learned trial Court dismissed the said petition.

3. Learned counsel appearing on either side submitted that the Criminal Petition may be disposed of by directing the learned trial Court to receive affidavits from both parties disclosing their assets and liabilities, in terms of the directions issued by the Hon’ble Supreme Court in Rajnesh v. Neha. Learned counsel further submitted that an appropriate time frame may be prescribed for disposal of the main matter, as the maintenance case was instituted in 2017 by the wife and children.

4. Having considered the submissions of learned counsel on either side, this Court is of the view that the issue can be addressed by directing the learned trial Court to receive affidavits of assets and liabilities from both parties in accordance with the principles laid down in Rajnesh v. Neha and Another1. As regards the request for prescribing a time frame, this Court is conscious of the pendency of cases before the learned trial Court. At the same time, the learned trial Court is expected to have due regard to the circulars/instructions issued by the High Court on the administrative side in Roc. No. 559/OP Cell-E/2022, dated 20.10.2022; Roc. No. 560/OP Cell/2022, dated 23.11.2022; and Roc. No. 101/OP Cell/2023, dated 12.10.2023, which 1 (2021) 2 SCC 324

emphasise the need to dispose of matters that have been pending for five years or more as expeditiously as possible.

5. Although it is ordinarily not appropriate to prescribe a time frame for disposal of a case, having regard to the submissions made by both parties and the fact that the maintenance case has been pending since 2017, this Court considers it appropriate to issue a direction for its expeditious disposal. Accordingly, the learned Judicial Magistrate of First Class, Avanigadda, is directed to dispose of M.C. No. 44 of 2017 within three (3) months from the date of receipt of a copy of this order. The learned trial Court shall receive affidavits of assets and liabilities from both parties in accordance with the directions laid down in Rajnesh v. Neha.

6. In the result, the Criminal Petition is disposed of.

As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. ________________________ SUNITHA GANDHAM, J

15.10.2026 Scs

THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM

CRIMINAL PETITION NO: 2042 OF 2023 Date: 15.10.2026

SCS