Tangudu Vani and Others vs Tangudu Rajesh and Others

C. Praveen Kumar, J.�This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of all further proceedings in Crl. MP No. 94 of 2013 in MC No. 9 of 2007 on the file of the Judicial Magistrate of First Class (Excise Court), Srikakulam. The petitioners, who are wife and son of the first respondent herein, filed the present application. The material placed on record would disclose that by an order dated 30.9.2009, the learned Magistrate awarded maintenance @ Rs. 600/- to the first petitioner and Rs. 400/- to the second petitioner from the date of the order. Aggrieved by the same, the first respondent herein filed Crl. RP No. 1 of 2010 on the file of the I Additional District and Sessions Judge, Srikakulam, which was dismissed on 12.9.2011. The petitioners herein also filed Crl. RP No. 86 of 2009 before the learned I Additional District and Sessions Judge, Srikakulam, wherein the order dated 30.9.2009 was modified by enhancing the maintenance at Rs. 1500/- to the first petitioner and Rs. 1000/- to the second petitioner from the date of filing of the M.C., i.e., 7.3.2007.

Sri C. Upendar, learned Counsel for the petitioners represented that no appeal is filed before this Court challenging the order passed in Crl. RP No. 86 of 2009. Thereafter, the petitioners filed Crl. MP No. 94 of 2013 seeking arrears of maintenance of Rs. 98,500/-. The learned Magistrate issued notice to the first respondent on payment of batta. The matter underwent several adjournments for want of service of notice on the first respondent.

It is stated that the first respondent is staying in the address mentioned in the petition and intentionally avoiding the service of notice by managing the postal authorities. It is represented that the notice sent to the first respondent herein in CMA No. 83 of 2013, which is pending before this Court was served to the address which is mentioned in the present proceedings. In view of the same, the learned Counsel for the petitioners seeks a direction to the Court below to take steps contemplated under the provisions of the Cr.P.C. or take coercive steps by issuing non-bailable warrant against the first respondent herein for seeking his presence. It is also stated that the petitioners have no source of income of their own and they are totally dependent on the maintenance amount paid by the first respondent.

Having regard to the facts and circumstances of the case and in view of the hardship caused to the petitioners, the learned Judicial Magistrate of First Class (Excise Court), Srikakulam, is directed to take steps in getting the notice served on the first respondent or in alternative take coercive steps for securing the presence of the first respondent. With the above direction, the criminal petition is disposed of. Miscellaneous petitions pending, if any, shall also stand dismissed.