Andhra Pradesh High Court

CRLRC/661/2024 of K NARENDRA REDDY Vs K LAKSHMI on 6 March 2026

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IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) SATURDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE Between: 1. K NARENDRA REDDY, S/O. NARAYANA REDDY, AGED ABOUT 36 YEARS, OCC

APHC010318652024

IN THE H

(

SATURDAY

TWO T

THE HONOURABLE DR

CRIMINAL

Between:

1. K NARENDRA REDD

YEARS, OCC BUSI

DHARMAVARAM

M

ERSTWHILE ANANTA

1. K

LAKSHMI,

W/O.

RAMANJINEYULU, A

SOMANDEPALLI VIL

DISTRICT ERSTWHIL

2. THE STATE OF A

PROSECUTOR, H

AMARAVATI.

Revision filed under

circumstances

stated

in

CriminalRevisionCase, the

revision case by setting as

No.437 of 2022 in MC.No

Magistrate of First Class, P

IA NO: 1 OF 2024

HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

Y,THE SEVENTH DAY OF MARCH

THOUSAND AND TWENTY SIX

PRESENT

R JUSTICE VENKATA JYOTHIRMAI PR

L REVISION CASE NO: 661/2024

DY, S/O. NARAYANA REDDY, AGED A

NESS, R/O.D.NO.2/31, KUNUTUR

MANDAL,

SRI

SATHYA

SAI

D

APUR DISTRICT.

...PE

AND

.

K.

NARENDRA

REDDY,

D/O

AGED 36 YEARS, R/O. DHANALAKSH

LLAGE AND MANDAL, SRI SAT

LE ANANTAPUR DISTRICT.

ANDHRA PRADESH, REP. BY THE

IGH COURT OF ANDHRA PRADE

...RESPON

Section 397/401 of CrPC praying t

n

the

affidavit

filed

in

support

High Court may be pleased topleased t

ide the order dated 20.06.2024 passed

o.2 of 2013 on the file of the Princip

Penukonda and to pass

RATAPA

ABOUT 36

VILLAGE,

DISTRICT,

TITIONER

O.

L.

C.

MI ROAD,

THYA SAI

E PUBLIC

ESH, AT

NDENT(S):

that in the

t

of

the

to allow the

d in Crl.MP.

pal Judicial

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the operation of sentence passed in order dated 20.06.2024 in Crl.MP. No.437 of 2022 in MC.No.2 of 2013 on the file of the Principal Judicial Magistrate of First Class, Penukonda, pending disposal of Crl.R.C., and to pass Counsel for the Petitioner:

1.P NARAHARI BABU

Counsel for the Respondent(S):

1.PUBLIC PROSECUTOR

2.

The Court made the following:

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL REVISION CASE NO: 661/2024

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ORDER:

This Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita seeking to set aside the order dated 20.06.2024 passed in Crl.M.P. No.437 of 2022 in M.C. No.2 of 2013 by the learned Principal Judicial Magistrate of First Class, Penukonda. Whereby the said order, the learned Magistrate allowed the petition filed under Section 128 Cr.P.C. and, on finding that the petitioner committed default in payment of maintenance arrears of Rs.12,000/- for the period from 03.05.2021 to 03.05.2022, sentenced him to undergo simple imprisonment for one month and issued Non-Bailable Warrant against him.

2. Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing for the State.

3. The learned counsel for the petitioner would submit that the learned Magistrate failed to consider the pendency of Crl.P. No.5257 of 2021 before this Court and also ignored the fact that there is no subsisting matrimonial relationship between the parties. It is further contended that earlier proceedings, including the case under Section 498-A IPC and the connected appeal, were decided in favour of the petitioner, and the maintenance proceedings themselves are under challenge. The proceedings under Section 128 Cr.P.C. have been initiated as a pressure tactic, and the order of imprisonment has been passed without proper appreciation of the merits of the case.

4. Per contra, the learned Assistant Public Prosecutor submitted that the learned Magistrate has passed the order in accordance with law and that no interference is warranted.

5. Considering the rival submissions and on perusal of the material available on record, it is not in dispute that the petitioner was directed to pay maintenance and that there was default in payment of arrears amounting to Rs.12,000/- for the relevant period. The learned Magistrate, upon being satisfied with such default, exercised powers under Section 128 Cr.P.C. and imposed the sentence of simple imprisonment. The contention of the petitioner regarding pendency of other proceedings cannot be accepted in the absence of any material showing that the operation of the maintenance order has been stayed by a competent court. It is a settled principle that mere pendency of proceedings does not absolve a party from complying with an existing order, particularly in matters relating to maintenance.

6. This Court can interfere only when there is illegality, perversity, or material irregularity in the order under challenge. In the present case, the learned Magistrate has acted within jurisdiction and in accordance with law. The sentence imposed is also within the permissible limits.Therefore, this Court finds no merit in the revision and no grounds to interfere with the impugned order.

7. Accordingly, the Criminal Revision Case is dismissed, confirming the order dated 20.06.2024 passed in Crl.M.P.No.437 of 2022 in M.C. No.2 of 2013 by the learned Principal Judicial Magistrate of First Class, Penukonda.

As a sequel thereto, miscellaneous petitions pending, if any shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.03.2026 KKV

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL REVISION CASE NO: 661 of 2024

Date 07.03.2026 KKV

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