NAGESH BALAKRISHNA MULILK Vs. ARCHANA

JUDGEMENT

(1.) Heard Sri Bankatlal Mandhani, learned counsel appearing for the petitioner, and Sri B. Narasimha Sarma, learned counsel appearing for the respondents. Perused the record.

(2.) This criminal petition is filed by the petitioner (husband of respondent No.1, and father of respondent No.2) against the order dated 09.12.2014 passed by Additional District and Sessions Judge, Vikarabad, in Crl.R.P.No.6 of 2014.

(3.) Brief facts of the case are that the respondents filed a Maintenance Case in M.C.No.1 of 2011 on the file of Judicial Magistrate of First Class, Tandur, (for short, 'the trial Court') against the petitioner, praying to grant Rs.15,000/- per month to each of the respondents. The trial Court passed an ex parte order on 31.07.2013 in the maintenance case directing the petitioner to pay Rs.4,000/- per month to each of the respondents. Seeking to set aside the ex parte order, the petitioner moved a petition in Crl.M.P.No.780/2013. The trial Court allowed the set aside petition, subject to the condition of the petitioner depositing half of the petition amount awarded to the respondents, within a period of 15 days. Aggrieved by the conditional order passed by the trial Court, the petitioner approached the Court of Additional District and Sessions Judge, Vikarabad (for short, 'the District Court) by filing a revision petition viz., Crl.R.P.No.6 of 2014. The learned District Court dismissed the revision petition thereby affirmed the order dated 13.01.2014 passed by the trial Court in Crl.MP.No.780/13 in M.C.No.1 of 2011 however gave the petitioner ten days time to make the deposit as ordered by the trial Court. Aggrieved by the order passed by the District Court, the petitioner filed this criminal petition invoking Section 482 Cr.P.C.