KOMATIGUNTLA JYOTHI vs KOMATIGUNTLA RUEBEN RAO

HON’BLE SRI JUSTICE R.

RAGHUNANDAN RAO CRIMINAL PETITION No.5890 of 2023 ORDER: The petitioners are also petitioners in M.C.No.17 of 2016 filed before the Additional Judicial Magistrate of First Class, Kandukuru, Prakasam District.

The complaint of the petitioners is that no orders have been passed in the maintenance case since the past seven (07) years and that the petitioners have been left with no maintenance for the past seven (07) years.

2.

The petitioners also contend that the 2nd petitioner is suffering from Hepatitis C Viral and the petitioners were forced to borrow large sums of money, on interest, for the treatment of the 2nd petitioner and the creditors are now pressing for repayment resulting in harassment of the petitioners.

3.

In view of the fact that a maintenance case has been pending since last seven (07) years, it would only be appropriate to direct the Magistrate to dispose of the maintenance case at the earliest.

In view of the fact that the 2 order is being passed only for the disposal of the maintenance case, non-service of notice to the respondents would not cause any prejudice to the respondents.

4.

Accordingly, this Criminal Petition is allowed directing the Additional Judicial Magistrate of First Class, Kandukur, Prakasam District, to dispose of the M.C.No.17 of 2016, expeditiously and at any rate within a period of three (03) months from the date of receipt of copy of this order.

As a sequel, miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed. ____________________________ R.

RAGHUNANDAN RAO, J 11.08.2023 RKS