The High Court dismissed a Criminal Revision Case filed under Sections 397 and 401 Cr.P.C. as infructuous because the trial court had already disposed of the main matrimonial case, rendering the petition to set aside the interim maintenance order purposeless.
Criminal Revision Case CRL.R.C. No. 1761 of 2009 dismissed as infructuous.
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CriminalRevision Case under Sections 397 & 401 of Cr'P'C againstthe Judgmentdaled171O9t2009made in MP No'686/2009 in MC No 7712009 on the file of thecourt of the AdditionalMetroporitansessions Judgefor the Trialof JHCBBC- cum- AdditionalFamily Court-cum- XXlll Additional ChiefJudge' Hyderabad'
Between:
khana,Begam A.Bharat Raj, Sio.A.Balram,Service' Fl/o'H'No'14-6-394'Nagar Bazaar,Hyderabad ...PETITIONER
AND
1 A Balaram, S/o.A.Pentaiah, Retired.from Service'R/o H No' 1-1-5' Sripada
, ill:rs*:IfBl,|l?lif,'sllaflEt?ifl"Fi;'"",tor,High courtof A P ' Hyderabad ...RESPONDENTS
CRLRCMP. NO:24510F2009
PetitionunderSection4B2ofCr.P'Cprayirtothatinthecircumstances stated inthe Memorandrr"oigr;nJ. oicriminriRJvisioncase, the High court may bepleased to stay'tie"operationof the.order dt'17'09'2009 passedin [/.p.No. 686 of 2009in rvrc-No.#ot zoos on the file of the Additional Metropolitan sessionsJudge,for trre iriat or JHCBBC -cum-AdditionalFamily court-cum- XXilt Additionatchief JudgelHyOeraOaA,pending disposalof the abovecriminal RC.
For the Petitioner: SRI K.SREENIVAS, Advocate
For the RespondentNo.2: ADDITIONAL PUBLICPROSECUTOR (MT.MUTHYALA MURALIDHAR)
For the RespondentNo.1: NONE APPEARED
The Courtmade the following: ORDER
THE HONOURABLE DR. JUSTICE D.NAGARJUN CRI sIONCASE No. 1761 of 20,09
ORD ER:
This Criminal Revision Case is filed by the revision petitioner to set aside the order dated IZ.Og.2OOg 1n M.P.No.686 of 2OO9 in M.C.No.7 Z of 2OO9 on the fite of learned Additional Metropolitan Sessions Judge for trial of JHCBBC cum XXIII Additional Chief Judge, Hyderabad, wherein the revision petitioner was directed to pay Rs.2,500/- per month towards interim maintenalce to the respondent No.2.
2' Sri Muthya-ra Mura-ridhar, rearned Additional public Prosecutor for the respondent No.2 is present.
3' The registry of this court has ascertained from the triar Court that the main case i.e., M.C.No.77 of 2009 has already been disposed of on O2.Og.2OlO, wherein the revision petitioner was directed to pay maintenarrce of Rs.2,OOO/_ per month to the respondent No.1 from the date of petition and to that extent copy of therelevant page of the disposal register of the triatCourt is frled'
2
As a sequel,pending Miscellaneous Applications,if any,
shall standclosed.
Sd/-I.NAGALAKSHIVII DEPUTY REGISTRAR
//TRUE COPY//
SEC OFFICER
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HIGH COURT
DATED:2010212023
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ORDER
CRLRC.No.1761 of 2009
CRL.R.C. IS DISMISSED AS INFRUCTUOUS.
2 issues framed by the court
Whether the Criminal Revision Case is maintainable when the main case has been disposed of by the trial court.
Whether the present Criminal Revision Case has become infructuous because the main case was disposed of on 02.09.2010.
3 provisions across 1 enactments
Khana Begam
A. Balaram
D.Nagarjuna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
