YANDRAPU VENKATARAMANA Vs. YANDRAPU SURYA PRABHAVATHI

JUDGEMENT

(1.) This petition is filed to quash the order passed by the II Addl. Judicial First Class Magistrate, Rajahmundry in Cr. M.P. No. 2890/93 in M.C. No. 30/91 and also the order passed by the I Addl. District & Sessions Judge, Rajahmundry, in Cri. R.P. No. 33/1995, confirming the order of the trial Court.

(2.) The 1st respondent herein filed M.C. No. 30/91 on the file of the II Addl. Judicial First Class Magistrate, Rajahmindry, for maintenance under Section 125(1), Cr.P.C. claiming maintenance at the rate of Rs. 500.00 per month. That petition was allowed granting maintenance at the rate of Rs. 400.00 p.m. The petitioner herein filed Cr. M.P. No. 2890/93 to cancel the ex parte order dated 20-4-1994 in M.C. No. 30/91 but the same was dismissed on 11-11-1994. Aggrieved by the said order, the petitioner herein had preferred criminal revision petition No. 33/1995 on the file of the I Addl. District and Session Judge, Rajahmindry. The learned Sessions Judge, after considering the merits of the case dismissed the revision.

(3.) Aggrieved by the said order in the revision, this petition under Section 482, Cr.P.C. to quash the order of the lower Court is filed. The learned counsel appearing for the respondents herein submitted that by virtue of Section 399(3), Cr.P.C. no further proceedings by way of revision at the instance of such person shall be entertained by the High Court or any other Court. Therefore, the petitioner herein having failed in the revision before the Sessions Judge, cannot file this proceeding under Section 482, Cr.P.C.