GAJJALA SAMUEL Vs. GAJJALA LALAMMA

JUDGEMENT

(1.) NOBODY appears for petitioner when the matter was listed for dismissal. But on going through the record, I found that the learned Sessions Judge has passed an order in a criminal revision dismissing the revision in default. Section 397 of the Criminal Procedure Code, lays down as follows:-

(2.) FOR the above said reasons, I find that the order passed by the learnedSessions Judge is not in conformity with the mandate of Sec.397 Cr.P.C. Therefore, the order is quashed and the matter is remanded back to the learned / Sessions Judge, who shall pass an order on merits. This order will not, however, entitle the petitioner not to pay the maintenance in accordance with the order passed by the learned Magistrate. He shall continue to pay the amount of maintenance till the revision is decided by the revisional Court.